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LAWS 

O  F    T  H  E 

TERRITORY  OF  THE  UNITED  STATES 
NORTH-WEST  OF  THE  OHIO 


and  made  t>j  fit  Govuitot/R  and  JUDGES,  in  their  Lt- 
gifldthc  Capacity.  at  a  Se/ff/t  b*gv*  *n.  Fridaf,  the    xxix  &ay 

of  M<xj>  one  t1w/fand,€/evtn  bvndrtd     and 
ending  on  fuef&uy  thttivtntjjiflb  day 


WITH  AH 

APPENDIX 

OP 

RESOLUTIONS 

AMD    TliE 

OADJKA.HCE 

THE  GOVERNMENT  OF 
TERRITORY 


By  Authority. 

C  I  N  C  I  N  N  AT  I  : 
PRINTED.  BY   W.  MAXWELl* 

M,DCC,XCV1. 


AN  ORDINANCE  FOR  THE  GOVERNMENT  or 

THE  TERRITORY  OF  THE  UNITED  STATES,  NORTH- 
WEST  OF  THE  RIVER  OHIO. 

T>  E  IT  ORDAINED  by  the  United  States  mCon- 

gress  assembled,   thatthe  said  territory,  for  the  N 
purposes  of  temporary  government,  begone  dis-  ry* to b'c 
trict;  subject,  however,  to  be  divided   into  two  tria,  but 
districts,  as   future   circumstances  may,    in  the  to  become  two 
opinion  of  Congress,  maieit  expedient. 

Be  itordained  by  the  authority  aforesaid,  that 
theestates  both  of  resident  and  non-resident  pro- 
prietors in  the  said  territory,  dyingin testate,  shall 
descen4  to,  and  be  distributed  among  their  chil-  Howlnteflates* 
dren,  and  the  descendants  of  a  deceased  child  in  peJfoat" 
equal  parts  ;  the  descendants  of  a  deceased  child  defccnd/ 
or  grand -child,  to  take  the  share  of  their  deceased 
parent  in  equal  parts  among  them ;  and  where 
there  shall  be  no  children  or  descendants,  then, 
in  equal  parts  to  the  next  of  kin,  in  equal  degree  ; 
and  among  collaterals;  the  children  of  a  deceased 
brother' or  sister  of  the  intestate,  shall  have  in  e- 
qual  parts  among  them  their  deceased  parents' 
share  ;  and  there  shall  in  no  case  be  a  distinction 
between  kindred  of  the  whole  and  half  blood  ;  sav- 
ing in  all  cases  to  the  widow  of  the  intestate,  her  Dower 
third  part  of  the  real  estate  for  life,  and  one  third 
part  of  the  personal  estate  ;  and  this  law  relative 
to  descents  and  dower,  shall  remain  in  full  force 
until  altered  by  the  legislature  of  the  district. 
And  until  the  governor  and  judges  shall  adopt  f^cs 
laws  as  hereinafter  mentioned,  estates  in  the  said  till  laws  adopt- 
territory  may  be  devised  or  bequeathed  hy  wills  *d » 

B 

285003 


iv* 

in  writing^  signed  and  sealed  by  him  or  her,  ra 
'£  r^dc    wb-om  theestate  may  be  (being  of  full  age)  and 
attested  by  three  witnesses  ;  and  real  estates  may 
te  conveyed  by  lease  and  release.,  or   bargain  and. 
Wills  to  be  pro-  $ale*signed,  sealed  and  delivered  by  the  person  be- 
**d,  and  deed^ing  of  full  age,  in  whom  the  estate  maybe,  and 
Recorded.  attested  by  two  witnesses,  provided '  such  wiibbe 

duly  proved,  and  sirch/ conveyances- be.  acknorc* 
ledged,  or  the  execution  thereof  duly  proved,  and 
be  recorded  within  one  year  after  proper  magis- 
_  trates,  co urts^and  registers  shall  be  appointed  for 

pr^ert^maU  ^at,purpose;  and  personal,  property  may  be 
transferred:—  transferred  by  delivery,  saving  however,  to  the 
to  cer-  French  and  Canadian  inhabitants,  and  other  ser> 
lire'"  tiers  of  the  Kaskaskies^  .Saint  Vincents,  and  the 
&  c'ufloma,. neighbouring  villages,  who  have  here  to  fore  pro* 
astothedefcent  fessed  thems.elves i  citizens  of  Virginia,  their  law) 
o£d  aTefP*1"*  and  customs  now  in  force  among  them,  relative  to 
descent  and  conveyance  of  pro^e&ty. . 

Beit  ordained  by  the  authority  aforesaid  'that 

Governor,    for  &era  shall  be  appointed  from  time  to  ^time,  by 

*hat  term  tt  be  Congress,  a  governor,,  whose  commission  shall 

€ommi(fioned -.  contmueiaforce  for  the  term  of  three  years,  un- 

«ii   ^ualffican  }ess  S00nerre^0jied:by  Congress;. he  sbaUjreside 

in  the  distrkt,  and  havea  freehold  estate  therein, 

&  f     in   one  thousand  acres  .of  land  i  while"  in  the  &tet~ 

*h™t**J?m  com!  c^se  .°f  bis  office..   There  shall  be  appointed  from 

jniifioned.  time   to  tinie^   by  Congress,  .a  secretary,  tohose 

commission  shall  eon  tinue  in  force  for  four  years, 

unless  sooner   revoked,   he  shal!  reside1  in  the 

His i  qnalifirati*  dislricJ:,.  and  have  a  freehold  estate  therein,,  in  five1 

on  &  duties*,      hundred  acres  of  land  ^whifeJn  thie  exercise  of  his, 

office  ;  itshalf  behisduty  to  keep  and  preserve  the 

acts  and  laws  passed    by;  the  legilature,  and  the 

public  records  of  the  district,  and  the  proceedings, 

of  the  governor    in  -his   executive 


and  transmit  authentic  copies  ol  such  acts  and 

proceedings,  every  six  months,  to  the  secretary  ^ 

of  Congress :  There  shall  also  be  appoin  ted  a  court  fafyigu  • 

io  consist  of  three  judges,  any  two  of  Whom*  to  form 

a  court,  who  shall  have  a  common  law  jurisdicti-  the*r  P»wer 

on,  and  reside  in  the  district,  and  have  each  there-  . 

in  a  freehold  estate  in  five  hundred  acres  of  land,  ^a 

T?  hile  in  the  exercise  bf  their  offices  ;  and  their 

commissions  shall  continue  in  farce  during,  good 

behaviour. 

The  governor  and  judges,  or  a  majority  of 
them,    shall  adopt  and  publish  in  the  district,  j^ 
such  laws  of   the  original  states,  criminal  and  &  |>Bbli(h    tht 
civil,  as  may  be  necessary,  and  best  snited  to  the  iaws»  **"f 
circumstances  of  the  district,  and  report  them  to  *°ft 
Congress,  from  lime  to  time,  which  laws  shall  be 
in  force  in  the  district  until  the  organization  of 
the  general  assembly*  therein,  unless  disapproved 
of  by  Congress  y  but  afterwards  Hie  legislature 
shall  have  authority  to  alter  them  as  they  shall 
think  fit 

The  governor  for  the  time  befng,  shall  be  term-  Powcps  of 
tnander  in  chief  of  the  militia,  appoint  and  com-  gpternor. 
mission  all  officers  in  the  same,  below  the  rank 
of  general  officers  ;  all  'general  dfficers  shall 'be*ap- 
pointed  and  commissioned  by  Congress. 

Previonsrto  the  organization  of  the  general  as- 
semWy,  the  governor  shall  appoint  such  magis-  Farther 
trates  and  other  civil   pfticers,  in  each  couiitybr  of  the 
township,  as  he  snaH  find  necessary  for  the  pffe-  or- 
servation  of  the  peace  and  good  order  in  the  samfe  : 
after  the  general  assembly  shall  be  organi  ed,  fhe 
powers  and  duties  of   magistrales  aricl  other  civfl  fk^S 
officers  shall   be  regulated  and  defined  ty  the  tr»^e«,  bow 
said  assembly  ;  bu tall  magistrates  and  other  civil  be  repil^te 
officers,  not  herein  otherwise  direc^  shadl  da-  aad  defiaed- 


vi 

ring  the  continuance  of  this   temporary  govern- 
ment, be  appointed  by  the  governor. 

For  the  prevention  of  crimes  and  injuries, 
L,3XV!  a^P^d  the  laws  to  be  adopted  or  made  shall  have  force  in 
"  °  '  r  all  parts  ol  the  district,  and  for  the  execution  of 
process,  criminal  and  civil,  the  governor  shall 
make  proper  divisions  thereof—and  he  shall  pro- 
The  goverjiar  ceed  fiom  time  to  lime,  as  circumstances  may  re- 
to  lay  out  coun-  quire,  to  lay  out  the  parts  of  ihe  district  in  which 

tics    and  town,      h     j     jj          j  ,        shall    j  fc  cxtiimiiblietl, 

ilups,  \>here  Jn-    .  .  ,  .  O 

titles  ex-  into  comities  aiici  townships  ,  subject,  however, 
tosticli  alterations  as  may  thereafter  be  made  by 
thelegislaturCt 

So  soon  as  there  shall  be  five  thousand  free  male 
5000  free  males  inhabitants,   of  full  n«c,  in     the  distiict,    upon 

may  cleft  repre-       .    .  r    .  r         \  i 

feniat'nes  to  a  giving  proof  thereof  to  the  governor,  they  shall 
gen.  aflembly  ;  receive  authority,  with  time  and  place,  to  elect 
representatives  fiom  their  coun  lies  or  townships, 
to  represent  them  in  the  general  assembly:  pro- 
vided that  for  every  five  hundred  free  male  inha- 
In  whatpropor-  bitants  there  shall  be  one  representative,  and 
so  on  progressively  with  ihe  number  of  free 
male  inhabitants,  shall  the  right  of  repiesentafu 
on  increase,  until  the  number  of  representatives 
shall  amount  to  twenty  five,  after  which  the  num- 
ber and  proportion  of  representatives  shall  be 

regulated  by  the  legislature  ;   Provided  that   no 
Qualifications  i         i-    -LI     °  IT     i 

of    reprefenta-  Perso11    bc  eligible  or  qualified  to  act  as  a  repre- 
xives.  sentative,  unless  he  shall  have   been  a  citizen  of 

one  ofthe  United  States  three  years  and  be  a 
resident  in  the  district,  or  unless  he  shall  have 
resided  in  the  district  there  years,  and  in  either 
case  shall  likewise  hold  in  his  own  right,  in  fee 
simple,  two  hundred  acres  of  land  within  the 
Trovifo,  forfur-  same  ? —Pro videdalso,  that  a  freehold  in  fifty  acres 
-  of  land  in  thedistiict,  having  been  a  citizen  o; 


one  of  the  states,  and  being  resident  in  the  district ; 

or  the  like  freehold  and  I  wo  years  residence  in  the  ™s   °.f  rePrc- 

district  shall  be  necessary  to  qualify  a  man  as  an  " 

elector  of  a  repiesentative* 

The  representative  thus  elected,  shall  serve  for  lhe-r   term   of 
ttjfetermof  two  years,  and  in  case  of  the  death  of  fcrvicf,&c. 
a  representative,  or  removal  from  office,  the  go- 
vernor shall  issue  a  writ  to  the  county  or  township 
for  which  he  was  a  member,   to  elect  another  in 
liis  stead,  to  serve  for  the  residue-of  the  term. 

The  general  assembly,  or  legislature,  shall  con-  The  general  a(V 
sist  of  the    governor,  legislative  council   and   a  fembiy        how- 
house  of  representatives.     The  legislative  council  comP0*e<Jf 
shall  consist  of  five  members,  to  continue  in  of- 
fice  five  years,  unless  sootier  removed  by  Cou, 
gress,  any  three  of  whom   to  be  a  quorum,  and 
the  in  embers  of  the  council,  shall  be  nominated 
and  appointed  in  the  following  manner,  towit: 
as  soon  as  representatives  shall  be  elected,  the  go- 
vernor  shall  appoint  a  time  and  place  fojr  them  i,oxv.  to  be  eolu 
to  meet  together,   and,*  when  met,  they  shall  no-   tcaed. 
iflinate  ten  persons,  residents  in  the  district,  and 
each  possessed  of  a  freehold  in  five  hundred  acres- 
of  land,  and  return  their  names  to  Congress;  five  A  council  to  t>e 
of  whom  Congress  shall  appoint  and  commission  «T»PolBied»   *c- 

ro          .  ,  Ci      ,  and       vacant ie». 

to  serve  as  aforesaid  ;  and  whenever  a  vacancy  to  t,% 
shall  happen  in  the  council,  by  death  or  removal 
from  office,^  the 'house  of  representatives  shall 
nominate  two  persons,  qualified  as  aforesaid,  for 
each  vacancy,  and  return  their  names  to  Con- 
gress ;  one  of  whom  Congress  shall  appoint  and 
commission  for  the  residue  of  the  term  ;  and  every 
five  years,  four  months  at  least  before  the  expira- 
tion of  the  time  of  service  of  the  members  of 
council,  the  said  house  shall  nominate  len  pei» 
cons,  qualified  as  aforesaid,  and  return  thjeir  names 


to  Congress,  five  of  whom  Congress  shall  appoin 
and  commission  to  serve  as  members  of  the  coun- 
cil five  years,  unless  sooner  removed*     And  the 
The  gov.  le.2,if-  governor,    legislative  council,  and  house  of  re» 
lVdVLufc°ofnre!  presenlatives,  shall  have  authority  to  make  laws 
^~  Tentative*     in.  all  cases  for  the  good  government  ofthedis- 
to  make  Uws.    trict,  not  repugnant  to  the  principles  and  articles 
;in  ,  this  ordinance  established.and  declared.     And 
all  bills  having  passed  by  ,a  majority  in  the  house, 
and  by  a  majority  in  the  council  shall  be  referred 
/flent    of  the  j.Q  fae  governor  for  his  assent  ;  but  no   bill  or  le- 
fo°Iil  lawT-^Hc  gislative  act  whatever  >  shall  be  of.any  force  with- 
may     convene,  o.ut  his  asserit.    .The  governor  shall  have  power  to 
prorogue  &  dif-  fconvene,  prorogue  and  dissolve  the  general  as- 


ohre  th«  am-s^mbly,  when  in  his  opinion  it  shall  be  expedient, 
*9  The  governor,  judges,    legislative  council,  se* 

cretary,  and  .such  other  officers  as  Congress  shall 
Oattsof  fideiity  appoint  in  the  district,  shall  take  an  oath  or  af- 
to  be  taken  by  firmation  pf  fidelity,  and  of  office,  the  govern-* 
officers  of  go-  Or  before  tbe  president  of  Congress,  and  all  other 
vcrnment.  officers  before  the  governor.  As  soon  as  a  le- 
.„  .  gisla  tu  re  shall  be.  formed  in  the  district,  lite  coun» 

covfncil  and  re-  ciland  house,  assembled  in  one  room,  shall  have 
prefentative*  authority  by  joiiitbajlot  to  elect  a  delegate  to  Con- 
to  ele#  a  deU-  grcss,  who  shall  hav.e  a^seatin  Congress,  with  a 
gr!fs,  Ind  who"  "gnt  Pf  debating,  but  not  of  voting,  during  this 
may  debate  but  Jc  in  pouary  government, 
not  vote.  ^nc}  for  .extending  the  fundamental  principles 

of  civil  .and  ^religious  If  berty,  which  form  the  ba- 
Preamble  to-  sis  whereon  these  republics,  their  laws  and  con* 
^vards  stitutions  are,  erected;  to  fix  and  establish  those 

the  bafi*  of  .principles  as  the  basis  of  all  laws,  constitutions  and 
afuturcg«vern-£overninejits,  which  for  ever  hereafter  shall  be 
meat.  formed  in  the  said  territory/—  to  provide  also  for 

die  establishment  of  states,    and  permanent  go- 

vernment therein,  and  for  their  admission  to  a 


share  In  the  federal  councils  on  an  equal  footing 
with  the  original  states,  at  as  early  peiiods  as 
may  be  consistent  with  the  general  interest. 

It  is  hereby  ordained  and  declared,  by  the  au- 
thority aforesaid,  that  the  following,  articles  shall  Claofc 
be  considered  as  articles  of  compact  between  the  Jory  of  *he  foU 

.    .      i  i  •         i       lowing  artlcl** 

original  states  and  the  people  and  states-  in  the  of,  coSipaa; 
said  territory,  and  for  ever  remain  unalterable, 
unless  by  comrooiivconsentv  lo  wit:* 

ARTICLE  I.     No  person,  demeaning  himself 
in  a  peaceable  and  orderly  manner,  shall  ever  be  Art.  i .  For  reK« 
molested  -on  accouufc'ofhU  mode  of  worship  or  gious  liberty* 
religious  sentiments  in  the  said  territory.. 

ART.  If.     The  inhabitants  of  the  said  territo- 
ry shall  always-be  en-titled  tfr  the  benefit-of    the  *rt-  *•  s"ar<' 


•        £ii  jfi_         •   i    i       •  *16    bene» 

-writ  of  habeas  corpus,  and  of  the  tnal  by  jury;  gt  Of  hab.  cor. 
of  a  proportionate  representation  of  the  people  trial  by  jury,  re- 
in the  legislature,  and1  of  judicial   proceedings  presentation  of 
according  tothe-course'of  the  common  law-,  all  ^roMedings"- 
persens  shall  be  bailable  unless  for  capital  offences,  cording  to  the 
where  the  proof  sfell  be  evident  or  the  presumpti-  common    Jaw. 
on  great;  allfinefrshall  bemoderare,  and  no  cru-  Bailable  * 
el  or  unusual  punishments  shall  be  inflicted  4  no  Fines  tt»"be  mo- 
man  shall  be  deprived -of  his  liberty  or  property  derate;  nocru- 
but  by  the'judginent  of  his  peers,  or  the  law- of  el  °r onufual  P"'* 
the  land;  and  should  the  public  exigencies  make  inaia 
it  necessary- for  the-common  preservation  to  take 
any  person's*  property,  or  to  demand  his  parti- 
cular services/  full  compensation  shall  be  made 
for  the  same  ;_and*in  the  just  preservation  of 
rights  and  property  it  is  understood  and.  declared, 
that  no  law  ought  ever  to  be  made,  or  have  force: 
in  the  said  territory^,  that  shall  in  any  manner/'No  expoft 
whatever  interfere  with  j  or  affect  private  con  tracts  laws  to 
or  engagements,    bona    fide  and  without   fraud 
previously  formed* 


ART.  Ill,  Pe!JgicnrTr:oralfly ancllmcwleclge> 
.Art.  3.  rjuca-  being  necessary  to  good  government  and  the  hap, 
10  be  en-  piness  of  mankind,  schools  and  the  means  of 
and  education  shall  for. ever  be  encouraged.  The 
n*  Ob°  utmost  good  faith  -shall  always  be  -observed  to- 
&r ved.  "  -wards  the  Indians  ;  their  lands  and  property  shall 

never  be  taken  from  them  without  their  consent^ 
and  in  their  property,  rights  and. liberty,  they 
never  shall  be  invaded  or  disturbed,  unless  in  just 
.and  lawful  wars  authorized  by -Congress  ;  but 
laws  founded  in  justice  and  humanity  shall  from 
time  to  time  be  made,  for  preventing  wrongs 
being  done  to  them,  an.d  for  preserving  peace  and 
friendship  with  them. 

Art.  4.Tb*ter-  ART.  IV.  The  said  territory,  and  the  states 
ritoryand  ftates  \vHich  may  be  formed  therein,  shall  for  ever  re- 
to  be  formed  j  t  of  lllis  confederacy  of  the  United 

therein,    to    re»  1  .  ,  ,  .  i_  •    i  t  r 

main  a  part  of  Mates  or  America,  subject  to  the  articles  of  confe- 
deration,  and  to  such  alteration'  therein  as  shall 
be  constitutionally  made;  -and  to  all  ihe  acts  and 
ordinances    of   the  United  States  in  Congress  a- 
jc.a  t° »  pro-  sembled,  conformable  thereto.     The  inhabitants 

portion    of  the         ,  ,          .       i  .1  .  i     n  i  i  • 

federal  debts.  an<^  settlers  in  the  said  territory, -shall  be  subject 
*to  pay  a  part  of  the  federal  debts, contracted  or  to 
be  contracted,  and  a  proportional  part  of  tjie  ex- 
penses of  government,  to  be  apportioned  orf  them 
by  Congress  according  to  the  same  common  rule 
and  measure  by  which  apportionments  therof 
shall  be  made  on  the  other  states ;  and  the  taxes  for 
paying  their  proportion,  shall  be  laid  and. levied  by 
the  authority  and  direction  ofthelegislaturesofthe 
district  or  districts  or  new  states  as  in  the  original 
states,  within  the'time  agreed  upon  by  the  United 

Kottointcrfere  States  in  Congress  assembled.      The  legislatures 

^^of  °f  lh°?e  districts>  or  new  states»   slia11  never  inter- 
fere  with  the  primary  disposal  of  the  soil  by  the 


xi. 


United  Stares  in  Congress   assembled,  nor  with  tf,e  f0j] 
any  regulations  Congress  may  find  necessary  for  United  States, 
securing  the  title  in  such  soil  to  the  bona  fide  pur- 
chasers.    No  tax  shall  be  imposed  ori  lands  the  u*  Su£*  Un^s 
property  of  the  United  States;  and  in  no  case  shall  noV'thoft^of, 
jnon-resident  proprietors    be  taxed  higher    than  non-reGdents 
residents.     Toe  navigable,  waters   leading    into  higher  than  av 
the  MissUippi  and  St.  Lawrence,  and  \  the  carry  ing  patera  <jeclar* ! 
places  between  the  same  shall  be  common  high-  cd  common 
-ways,  and  for  ever  free,  as  welt  to  the  inhabitants  h%hwaj». 
of  the  said  Territory,  as    to  the    citizens  of  the 
United  States,  and  those  of  any  other  states  that 
may  be  admitted  into  the    confederacy,  without 
any  tax,  impost  or  duty   therefor. 

ART.   V.     There  snail  be  formed  in  the  said  Art.  $  Not  less 
Territory,  not  less  than  three  nor  more  than"  five   *£»"  3>  Dor 
I  slates /and  the  boundaries  of  the  states,  as  soon  j^/g^^f",,^ 
I  as  Virginia  shall  alter  her,  act  of  session  and  ron-  <d  in  rhe  tcrri- 
I  sent  to  the  same,  shallbecome  fixed  and  establish    tor  jr. 
ed  as   follows,   to  wit  :  The  western  sfeafce  in  the 
said    Territory,  shall  be    bounded   by   the    Mis-'Tileir 
sisippi,    the  Ohio  and  Wabash  rivers ;   a   direct 
line  drawn,  from  the  Wabash  and  Post  Vincents 
due    north  to  the  territorial  line    between    the 
United  States  and  Canada,  and  by  the  said  lerri. 
torial    line   to    the   Lake    of  the     Woods     and 
Missisippi.      The  middle  state  shall  be  bounded 
by  the  said  direct  line,  the    Wabash   fioin    Post 
Vincent's  to  the  Ohio;   by  fhe  Ohio,  by  a  direct 
line   drawn  due  north  iioin  the   mouth  of  the 
Great  Miami  to  the  said  -territorial  Kno,  and  by 
said   territorial  line.     The  eastern  slate  shall  be 
boundc t  by   thelast  inentiourd  diiect    Ki.e.   the 
Ohio,   Pennsylvania,  and  the  said  territorial  line  : 
•provided   howover,  and  it  is  further   understood 
and  declai*ed,  that  the  botfndries  ol  these  three 


states,  shall  be  snbjecrso  far  ro  be  altered,   thafc 

if  Congress  shall  hereafter  find   it  expedient,  they/ 

s-hall  have  authority  to  form  one  o'r.twostates-im 

TUferving-     to  tj)at.part  ofine  5aid  territory  which-  lies  north  ofi 

Congrels  power  ,  »•         iv       *       i  i- 

10  lay  off  one  or  an  east>  anc»  west  line  drawn  through  the  south- 
two  i'tatcj more,  erly  bend  or  extreme  of  lake*  Michigan:  and! 
^v  .  whenever  any  of  the  said  state*  shall  have  sixty 

inhabitants  in°a  thousand  free  inhabi  tan  is  therein,  such  state  shall! 
itate,  it  /hail  be  be  admitted  by  its  delegates  into  the  Congress  off 
admitted    into  the  United  States,  on  an  equal  footing  with  tin 
original    states  in   all'respects   whatsoever*,   ^i 
sKali  be  at  liberty  to  form  a  -permanent^  '  rstit 
fFro\iro.      The  tion  and  state-  government :.  prowded  ll»c.  con. 
confutation  and  stilution  and  government  so  to  be  form edf* shall 
government   o   ^     republican,  and  in  confcfhnity  to  the  princi- 

juch     new   Itate      j^  '  v   *        *  r 

to  be    republi- pies  contained' in    these -articles and  so  far  as    il 
can — But  an  u»  can  be-coiisistent  with  the  gen  era!  interest,  of .  the] 
niou   >v4th   the  confederacy,  such  admission  shall  be  allowed  a-t: 

u .  o;  may  b€  al-  ..  •  *   j  i         i  i  i_          i 

lowed  at  an  ear-  an  earlier  period,  and  when  ihere  may  be  a. less; 
period.      number  ot  free  inhabitants  in  thastate.  thansixty^ 
thousand*. 


6.  Nofiuve-      ART,  VI,.    TKere^shall  bVneitEer  slavery  rroi 
permuted,  ihvoluntary^servitudein  the  said^territoiy,  other- 
wise,  than  in  punishment  of  crimes  whereof  the1 
CTQ  Oilier  party  shall  have  been  duly  convicted  :  provided 
may   be^lways,   that  any  person  escaping  into  the  same, 
from  .whom  labom;  or  service  isvJaw fully  claimed' 
in  any  one  of  the.  original  stat&s,   such  fugitive 
may  be-lawfully   reclaimed   and  conve)  ed  to  the 
person  claiming,  his  or,  hei;  labour  or  sjRivica  as 
afoiesaid.. 

Be  n  ordhined\>v  llie  authority  aforesaid,  that? 
^  resolutions  of  the  aSd,  of  April,  1784,  relative-' 
repealed'.  16  the    subject    ot   ihis  ordinance,  be,  and  the 


same  are  liereby  repealed    and    declared  null 

and  void. 

DONE  by  the  United  States  itt  Congress 
assembled,  the  i3th.  day  of  July,  in  the 
year  of  our  Lord  1787,  and  of  their 
sovereignty  and  independence  the  1 2th. 

CHA.   THOMSON,  Secy. 


LAWS 

O  F     T  H  E 

TERRITORY  of  the  UNITED  STATES 

N  O  R  T  H-W  E  S  T    of  the     O  H  I  O. 


M.  ST.  CLAIR, 
JOHN  C.  SYMMES, 
G.   TURNER. 


TERRITORY  OF  THE  UNITED  STATES  7 
NORTH-WEST  OF  THE  OHIO.         5 

A  LAW  subjecting  Real  Estate  to 
execution  for  debt.  Adopted 
from  the  Pennsy Iranian  codc^ 
and  published  at  Cincinnati > 
the  first  day  of  June,  one  thou- 
sand^ seven  bundled  and  nine* 
ty;(ive>  by  Arthur  St.  Glair, 
governor \  and  John  Cleves 
Symmes  and  George  Turner, 
judges,  in  and  over  the  said 
Territory. 

Sect.  !.  '"TO  THE  END,  that  no  creditors  may 
be  defrauded  of  debts  justly  due  to 
them,  from  pei sons  who  have  sufficient  real,  if 
not  persona],  estates  to  satisfy  the  same;  all  lands, 
tenements  and  hereditaments,  whatsoever,  where 
no  sufficient  personal  estate  can  be/ound,  shall  be 
liable  to  be  seized  and  sold,  upon  judgment  and 
execution  obtained, 

II,  Piovided  akv&ys,  That  when  any  debt  is 
iereafter  recovered,  and  damages  awarded  ;  or 
when  any  debt  is  acknowledged  before  such  as 
have, or  shall  have,  power  to  take  cognizance  there- 
of, and  executions  are  awarded  thereupon,  to.  be 
levied  upon  iheiands,  tenements  or  hereditaments 


Preamble.- 


Real  e'tate  may 
be  taken  in  exe~ 
ciuiqa  for  debt, 
where  DO  per-  j 
fonal  eftatc  be 
found  : 


Bat  otlierwjfe> 
where  the  prcx 
firs  will  pay 
debt  and  cofrs 
fivkhin. 


oFany  person  or  persons,  whatsoever; 
be  law!  ul  for  any  sheriff,  or  other  officer,  by  virtue 
of  such  executions,  or  of  any  writer  writs  there- 
upon, to  sell,  or  expose  to  sale,  any  such  lands, 
tenements  or  hereditaments,  wliicli shall  ormay( 
yield  yearly  rents  or  profits,  beyond  all'reptizes, 
sufficient  within  the  space  of  seven  years,  to  pay, 
or  satisfy  such  debts  or  damages, wi  th  costs  of  suit : 
but  all  those  lands,  tenements- and  hereditaments, 
shall,  by  virtue  of  the  writer  writs  of  execution, 
be  delivered  to  the  party  obtaining  the  same,  until 
the  debt, or  damages  be  levied  by  a  ''reasonable 
extent*  in  the  same  manner  and  method  as  lands 
are  delivered  upon  writs  of  elegit  in  England. 

Ill*  Provided  nevertheless^  That  if  the  cleat 
If  not, then  the  profits  of  such  lands  or  tenements  shall  not  be 
lands,' &c.  ma>  found,  by  inquest  of  twelve  men,  to  be  sufficient, 
be  fold.  within  seven  years,  to  satisfy  the  debt  or  damages 

in  such  executions;  or,  if  before  the  extent  be  out, 
any  other  debts  or  damages  shall  be  recovered 
against  the  same  debtor  or  defendant,  his  heirs, 
executors  or  administrators,  which,  with  what 
remains  due  upon  such  extent,  cannot  all  be  sa~ 
tisfied  out  of  the  yearly  profits  of  the  lands  or 
tenements,  so  extended  within  seven  years  ;  then, 
and  in  every  such  case,  the  sheriff  or  other  offi- 

Cf  cer  shal1'  accordingty>  certify  the  same  upon  the 
return  of  such  executions;  whereupon  a  writ 
or  writs  of  vendiliorii  exponas  shall  issue  forth, 
to  sell  such  lands  and  tenements,  for  and  towards 
satisfaction  of  what  shall  remain  due  upon  such 
extent;  as  also,  towards  satisfaction  of  all  therest 
of  the  said  debts  or  damages,  in  manner  as  is 
hereinafter  directed,  concerning  the  sale  of  other 
lands. 

IVy    It  shall  and  may  be  lawful  for  the  sheriff. 


or  oilier  officer,  by  a  writ  of  Icvsri  facias,  to  seire 
and  take  all  other  lands,  tenements  and  heredita-  !;£,  before  and 
ments  4n  execution  ;  and  thereupon,  with  all  con-  after  falc. 
venient speed,  either  wither  without  any   writ 
of  rendition!  exponas,  to  make  public  sale  there- 
of, f9r   the  most  they  will  yield  ;    and  pay    the 
price  or  value  of  the  same  to  the  party  towards* 
satisfaction  of   his  debt,  damages  and  costs.    But 
before  any  such  sale  be   inade,'»  the  sheriff,   or 
other  officer,  shall  cause 'SQ  many  writings  to  be 
made  upon  parc'hment,  or  good  paper,  as  the  debt- 
or or  defendant  shall  reasonably  desire  or  request; 
or  so    many,  without  such  request,    as  may  be 
sufficient  to-   signify  and  give  notieebr  such  sales 
orvcndues,  andof  the  day  and  hour-  when,  and 
thp-place  where  the  same  will  be,  and  what  lands 
or  tenements  are  to  beso  sold,  and'vyhere  they 
lie:  which  notice  shall  be  given  to  thedefendant, 
and  the  said  parchments  or  papers  fixed  by  the  ^ot,ice    r°,*2 

.r,  -..  .  *     U  J,,.       fenidant  at  lead. 

sheriff,  or    other  ofticers;  in    the  mast  public  J0  days  before- 
places  of  the  county,  at  least  ten  days -before  sale,  i'*le. 
And  upon -iuch sale,  the  sheriff,. or  other  officer, 
shall  make  return  theieof,  endorsed  or*  annexed 
to  the  said  levatl  facias  ;  and  give  the  buy  era  deed, 
duly  executed  and  acknowledged,  in:  court,    for 
vihat  is  sold.     But  in   case  the  said   lands    and  where  tb«  ef* 
h'eridilaments,  so  to  beexposed,  cannot  be  sold ;  tare  cannot  be 
then  the  officer  shall  make  retuin  upon  the  \\rit,  fold»  for  want 
that  heexposed^s^rli  lands  or  tenements  to  sale,  °a rT^raViai*  to. 
and  ihe  same  remained  in  his  hands-  unsold^  for 
want  of  buyers: 'which  .return  shall  not  make  the 
officer  liable  to  answer  the  debt  or  damages  con- 
tained in  such  writ/  but  the  writ  of  Icvari  facias 
shall,  forlhwilli,  be  awarded  and   directed  to  the 
proper  officer,  commanding  him  to  deliver  to  the- 
party  such  part  or  parts  of  those  lands,  tenements; 


and  hered.' Laments,  a^,  shall  satisfy  his  debt,  da- 
mages and  interest,  from  the  time  of  the  jud 
.mentgiven,  with  costs  of  suit,  according  to  the 
valuation  of  twelve  men  ;  to  hold  to  him  as  hia 
free  tenement,  insatishclion  of  his  debt,  damag- 
es and  costs,  or  so  much  thereof  as  those  lands,  by 
the  valuation  thereof,  as  aforesaid,  shall  amot?nt 
unto  :  and  if  it  fall  short,  the  party  .niay  after- 
wards have  execution  for  fhe residue  against  the 
defendant's  body,  lands  or  goods,  as  the  laws  of 
ihisjerritory  shall  direct  and  appoint,  fiom  time 
to  time,  concerning  other  executions.  All  which 
said  lands,  tenements,  hereditamen Is  and  premi- 
ses, so  as  aforesaid  to  be  sold  or  delivered  oy  the 
sheriff,  or  officer  aforesaid,  with  all  their  appur- 
tenances, shall  or  may  be  quietly  and  peaceably 
held  and  enjoyed  by  the  person  or  persons,  or 
bodies  politic,  to  whom  the  same  shall  be  sold  or 
delivered, and  by  his  and  their  heirs, successors  and 
assigns, as  fully  and  amply,  and  for  such  estate  and 
estates,  and  under  such  rentsand  services,  as  he  or 
they,  for  whose  debt  or  duty  the  same  shall  be 
sola  or  delivered,  jnight,  could  or  ought  to  do, 
at,  or  before,  the  takingthereof  in  execution. 

Xzetptaitod*-..  V'  Pr™ided  olmn  That  the  messuage, 
fendant's  chief  lands  or  tenements  upon  which  the  defendant  is 
feat.  chiefly  seated,  shall  not  be  exposed  to  sale,  be- 

fore the  expiration  of  one  whole  year,  after  judg- 
ment is  given;  to  the  intent,  that  the  defen- 
dant, or  any  other  for  him,  may  redeem  the 
same. 

fVI.v    \Vheredefaultordefaults  have  been,  or 

Proceedings  in  shall  be,   made  or  suffered  by  any  mortgagor  -or 

mortgages         mortgagors  of  lands,  tenements,  or  other  heredi- 

made.     dcfaolt  taments  within  this  Territory  ;  or  by  his,  her  or 

their,  heirs,   executors,    administrators  and   as- 


signs,  of  or  in  payment  of  the  mortgage-money, 
or  performance  or  the  condition  or  conditions 
which  they,  or  any  of  them,  should -have  paid  or 
performed,  or  ought  to  pay  or  perform,  in  suck 
inanner  and  form,  and  according  to  the  'purport, 
ten  or  and  -e  fleet  of  fehe  respective  provisoes,  condi- 
tions or  covenants,  compri/ed-in  their  deeds  of 
mortgage  or  defeazance,  and  at  the  days,  times  and 
places,  in  the  same  deeds,  respectively, mentioned 
and  contained  ;  in  every  such  case,  it  shall  and 
maybe  lawful  to  and  for  the  mortgagee  or  mort- 
gagees, and  him,  her  or  them  that  grant  the  said 
deeds  of  cle/eazance,  and  his  or  their  heirs,  exe- 
cutors, administrators  or  assigns, -any  time  alter 
llie  expiration  of  twelve  months,  next  ensuing  the 
last  day  whereon  the  said  mortgage-money  ought  Mortgagee  may 
to  be  paid,  or  other  conditions  performe'd,  as  a-  fue  out  a  fci.fa. 
ioresaid  ;  to  sue  forth  a  writ  or  writs  ofscire  facias;  withia  twelve 
•\%hich  theclerkofthe  court  of  common  pleas, for  " 
the  county  where  the  said  mortgaged  lands  or  here- 
ditaments lie,  is  hereby  empowered  and  required 
to  make  out  and  dispatch,  directed  to  the  proper 
officer;  requiring  him,  by  honest  and  lawful  men 
of  the  neighbourhood,  -to  make  known  to  the 
mortgagor  or  mortgagors,  his,  her  or  their  heirs, 
executors  or  administrators,  that  he  or  they  beand 
appear  before  the  magistrates,  judges  or  justices 
of  the  said  court  or  courts*  to  shew,  if  any  thing 
he  or  they  have  to  say,  wherefore  the  said  mort- 
gaged premises  ought  not  to  be  seized  and  taken  in 
execution,  for  payment  of  the  said  mortgage-mo- 
ney, with  interest;  or  to  satisfy  the  damages 
•which  the  plan  tiff  in  such  scire  facias,  shall,  up- 
on the  record,  suggest  for  the  breach  or  non-per- 
formance of  the  said  conditions.  And  if  the  de 
fendant  in  such  scire  facias  appear,  he  or  she  may 


plead  satisfaction  or  pay  meat  of  part,  or  alt,, 
'mortgage-money,  or  any  oilier  lawful  pleaT  in  a- 
voidance  of  the  deedordebj;,  as  the  case  may  re. 
^ire :   bnt  ^ tlje  Defendants  in  such  sore  facias 
will  not  appear  on  the  day    whereon  the    same 
writ  shall  be  made  returnable,  (then,  if  the  case 
be  suck  as  damages,  only,  are  to  be-  recovered,  an 
^l11^  stall  be  forthwith  charged   to,  enquire 
levari  thereof;  and  the  definitive  judgment  therein,  as 
well  as  all  other  judgments  to.  be  given   upon 
suchscire  facias,  shall  be  fentered=,  that  the  plain*- 
tiff  in  the  scire  facias  shall  have  execution,  by  le? 
vari facias,  directed  to  the  proper  officer:  by  vir- 
tue  whereof,  the  said  mortgaged  premises  shall  be- 
taken  in  execution,  and  exposed  to. sale,  in  man* 
Her  aforesaid,  and,    upon   sale,  conveyed  to  the 
buyer  or  buyers  thereof,  and  the  money,  or  pricfc 
of  the  same,  rendered  to  the  mortgagee  or  credi* 
tor;  but,  for  waiat  ofbuyers,  to  be  delivered  to* 
the  mortgagee,  or  creditor,  in  manner  and  form 
as  is  herein  above  directed,    concerning  other 
lands  and  hereditaments  to  be  sold,  or  delivered 
upon  executions,  for    other  debts  or  damages* 
And  when  the  said  lands  and  hereditaments  shall 
be  sold-,  or  delivered,  asaforesaid,.  the  person  oc 
persons  to  whom  they  shall  be  sold  oc  deJLveredJ 
shall  and  may  hold  and  enjoy  thesame,  with  their 
appurtenances,  for  such  estate  or  estates  as  they 
\veie  sold  or  delivered,,  clearly    discharged   and 
(reed  from  allequily  and  benefit  of  redqmption, 
and  all  other  incumbrances.  made  orsuffered  by: 
th'e mortgagors,  their  heiisor  assigns  :  and  such 
sales   shall  be  available  in  law  :  and  the  respec- 
tive Vendees,  mortgagees,  or  creditors,  their  heirs 
andassigris,  shall  hold  and  enjoy  the  same,  freed 
and  discharged,  as  aforesaid    B.uL- before  sue hv 


C  3T  1 

sales  be  made,  notice  shall  be  given,  In  writing,  In 
manner  and  form  as  is  herein'  above  directed, 
eoncerningjhe  sales  of  lands  upon  executions  ; 
any  law  or  usage,  to  fhe  contrary,  notwithstand- 
ing^ 

VIL    Provided  also.  That  when  any   of  the.  Sheriff  to 
said  lands,  tenements  or  hereditaments  which,  by. 
the  direction  and  authority  of  this  law,  are  to  be  "otfce 
Sold  for    tie  payment  of   debts  and    damages,  in  gor,  or 
manner  aforesaid,  shall  be  sold  for  more  than  will  dant* 
satisfy  the  same  debts,  or  damages,  and.  reasonable 
costs ;  .then  the  sheriff,  or  other  officer  who  shall 
make  the   sale,  must  render  the  overplus  to  the 
debtor  or  defendant;  and  then,  and  not  before, 
the  said  officer  shall  be  discharged  thereof,   upon 
record,  in  the  same  court  w«Uer6   he  shall  makflr 
return  of  his  proceedings   concerning   the  said 
sales. 

Vffl,     Provided  also,  That  no  sale   or  delive-  No    new 
rv  which  shall  be  made,  by  virtue  of  this  law,  ™  cftajChto  fce 
shall  be  extended  to  create  any"  further  term  'or  (^\^ 
estate  to  the  vendees,  mortgagees  or  creditors, than 
the  lands  or  hereditaments,  so  sold  or  delivered, 
shall  appear  lo  be  mortgaged  for,  by  the  said  re- 
spective mortgages   or  defeazible. deeds. 

IX*  Provided  also,  That  if  any  of  the.. said  If  judgmenVon 
judgments,  which  do  or  sliall  warran t  the  'award-  whi.c^  executi" 
ing  of  the  said  writ's  of  execution  whereupon  any  be  r"vcHed*for 
lands,  tenements  or  hereditaments,  have  oeen  or  error,  tne  land? 
shall  be  sold ,  shall,  at  any  time  hereafter,  be  re*  ^;c.  fold,  not  to 
versed  for  any  error  or  errors i;  them  and  in  every  J16  r!ftoreJTr 

,  J  ~   i  .111  *     but  iTJ'epnr chafe 

such  case,  none  or  the   said  lands,    tenements  of  mo^Cy  to  be 
hereditaments,   so,  as  aforesaid,  taken  or  sold>  paid  over  to  the 
or  to   be  taken  or   sold   upon  executions,    nor  Pit' 5n  crror* 
any  part  thereof,  shall  be  reslored,  nor  live  sheriffs 
sale  or  delivery  thereof  avoided  ;  but  restitution, 


in  such  cases,  shall  bemade  only  of  the  money  or 
pice  lor  which  such  lands  ware  or  shall  be  sold. 


THE  foregoing  is  hereby  declared  to  be  a 
of  the  Territory  ;  to  take  effect  on  and  from  the 
fifteenth  day  o/  August^  next  ensuing;  IN  TES- 
TIMONY whereof,  we  Arthur  St.  Clafr, 
John  Cleves  Syinmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLAJR, 
JOHN  C.  SYMMES, 
G.  TURNER. 


TERRITORY  OF  THE  UNITED  STATES  } 
NORTH-WEST  OF  THE  OHIO.          J 

A  LAW  allowing  Domestic  At- 
tachments. Adopted  from  the 
Pennsylvania  n      code,      and 
published  at  Cincinnati,  the 
first  day  of  June,    one   thou- 
sand, seven-  hundi ed  and  nine- 
ty-five-, by  Arthur  St.   Clair, 
A*.  ST.  CLAIR,         governour,    and  John   Cleves 
Syinmes  and  George  Turner, 
judges,  in  and  over  the  said 
Territory* 

Sect.  L  '"THE  judges  and  justices  of  the  respec- 
••     tive  county  courts  within  this  Ter- 
ritory, shall  and  are  hereby  empowered  to  grant 
writs  of  attachment;  which  aUacliments,  so  gran  t- 
ritsof  attach-  ed,  shall  be  duly  served,  by  the  jespective  sheriffs 
-nc  VV1)®       or  coroners,  as>  ihe  case  may  require,  upon    the 
goods  and  chattels  of  such  person  or  persons  a- 


[23] 

gainst   whom  the   same  shall    be  awarded,   In  ; 
whose  hands  or  possession    the  same  shall  be  iafcrl°^  c°orts' 
fonnd,returnable  to  the  next  succeeding  court,  re- 
spectively/where the  party  may  proceed  to  trial, 
and  shall  have  judgment  granted  the  third  court 
after  the  etfects  are  seized. 

II,  The- person  or  persons,  whose  goods  or  ef- 
fects aieso  attached,  shall  be  defendant  in  the  at- 
tachment ;  and  the  person  in  whose  hands,  or  pos- 

:.-in,  the  same  goods  or  effects  are  attached,  j^e  garnifhee 
i  be  called  thegarnishee;  and  shall  be  obliged  toanfweratre- 
Lo  appear  in  court,  at  the  return  of  the  attachment,  turn  of  attach 
and  answer  what  shall  be  objected  against  him, 
and  abide  the  judgment  of  court;  and  shall  be  bie 
allowed,  out  of  the  effects  attached,  reasonable  *°r 
satisfaction  for  his  attendance, 

III,  The  manner  of  executing  writs  shall  be 

bv  the  officer's  going  to  the  house,  or  to  the  per-  How  tlie 

i     °  i  •         \\       i    i       j  r    ,    (hall  be  c&ecut* 

son  in  whose  hands,  orpossession,  thedefendant  s  j^. 
goods,  of  effects^  are  supposed  to  be,  and  then  and 
there  declaring,  in  the  presence  of  one  or  more 
credible  persons  of  theneighbourhood,  that  lie  at- 
lacheth  the  same  goods, or  other  effects.  From  and 
after  which  declaration,  the  goods,  money  or  ef- 
fects, so  attached,  shall  remain  in  the  officer's 
power,  and  be  b)  him  secured,  in  order  to  answer 
and  abide  the  judgment  of  court,  in  that  case,  un- 
les's  the  garnishee  will  give  security  therefor. 
And  if  the  plainti/F  in  the  attachment  obtain  a 
verdict,  judgment  and  execution,  for  the  money 
and  goods  in  the  garnishee's  possession  ;  yet  the 
defendant  in  the  attachment  may,  at  any  time, 
before  the  money  be  paid,  put  in  bail  to  theplain- 
tiffsartion,  uponwhich  theattachmentis ground 
ed ;  whereby  thegarnishee  will  and  shall  bo  im- 
mediately discharged.  And  il  an  attachment 


[24] 

j 

sliall  be  ma3e  for  goods  or  effects,  and  the  gar* 
nisliee  plead  he  had  no  goods  or  effects  in  his 
hands,  at  the  time  of  the  attachment,  or  at  any 
time  after,  and  the  plaintiff  prove  the  contrary; 
the  jury,  in  such  case,  being  satisfied  that  the  proof 
is  plaiir  and  hill,  shall  find  for  the  plaintiff,  and 
say,  v.'hat  goods  or  effects  they  find  in  the  gar- 
Judgment,  Low  njsiiee<s  nau(]s;  whereupon  judgment  shall  be 

enter*d:  and  ap-  •       i  •  i  i  r     i 

praifcmcnt  to  entered,  thatappiaisemeiit  may  be  made  ot  the 
be  made.  said  goods  or  effects,  so  found  by  the  jury  ;  and  a 

precept  shall  be  granted,  requiring  the  sheriff  to 
onCtoPthc1Cfhe*  8el  the  same  appraised :  and  if  thegarnishee  will 
riff;  and,  on  not  produce  them,  then  execution  shall  be  forth- 
faiiure  of  gar-  with  awarded  for  the  value  thereof,  according  to 
tion"'  €xecu"  appraisement,  to  be  levied  upon  the  lands,  tene- 
ments, goods  and  chattels  of  thegarnishee. 

IV.  Provided  always,  That  no  attachment  shall 
hereafter  be  granted  against  any  person  or  per- 

No  attachment  sons'  effects,  but  such,  only,  as,  .at  the  time  of 
cffeksU,CbufaiDft  granting  such  writs,  are  not  resident  or  resid- 
-where'the  own-  ing  within  this  Territory  ;  or  are  about  to  re- 
cr  is  non-rcfi- move  or  make  their  escape  out  of  the  same,  and 
dent,  about  to  £^\\  refuse  to  £>ive  sufficient  security  to  thecom- 

elcape,  or  fhall      ,.  r     t_«&J  i  i         a  ii_r         i 

refafe  to  give  p^inant,  for  his  debt  or  other  demand,  before  be 
fccurity.  depart  the  said  Territory. 

V.  Provided  also,  That   after  judgment   ob- 
tained by    the  plaintiff,  upon  -any  attachments 

How  plaintiff  to  against  non-residents,   the  plaintiff  shall,  before 

judgment  af0br-  salean^after  execution  is  awarded,  find  security  ; 

taincd.  who  sliall  undertake  for  the  plaintiff,  that  if  llie 

defendant  in  the  attachment  shall,  within  a  year 

and  a  day  next  following,  by  himself,  or  attorney, 

come  into  court,  and  disprove  or  avoid  the  debt 

recovered  by  the  plaintiff  against  him,  or  shall 

discharge  the  same,  with  costs;  that  then    the 

plaintiff  shall  restore,  to  the  defendant,  the  goods 


or  effects,  orvalue  thereof,  by  the  plaintiff  at- 
tached and  condemned,  or  so  much  thereof  as 
shall  be  disproved  or  discharged;  or  else  they 
shall  and  will  do  it  for  him* 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the  fif- 
teenth day  of  August,  next  ensuing:  IN  TES* 
TJMONf  whereof,  we-  Arthur  St.  Clui/\ 
John  Clcves  Sym?nes  and  George  Turner \  havo 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST,    CLAIR, 
JOHN   C.  SYMMES* 
G,  TURNER. 


TERRITORY  OF  THE  UNITED  STATES  7 
.NORTH-W£ST  Off  THE  OJB1CL          £ 

A  LAW     regulating   Domestic 
Attachments.     Adopted  from 

l^le  Pennsy^vanian  code,  and 
published  at    Cincinnati,  the 
first,  day  of  June,    one    thou- 
sand,  seven  hundred  and  nine* 
.  CLALR,          ty-five I    ty    Arthur    St.    Clair^ 
JOHN.C.  J^YMMES,     governour^     and    lohu  Cleves 
C.  TvRNt*.  i>)  mmes  and  George    Turner, 

judges,   in  and  over  tJie    said 
Territory 
r        T—  roceengs   a. 

.  U        p  any  person  shall  absent  him  or  her-  gaioft  abscond- 

sell  out  ot  this  Territory,  or  abscond  »°g  debtors, 
fioin  his  or  h^r  usual  place  of  abode  (not  rakin^ 
care  to  satisfy  his  or  her  just  debts)  it  shall  ami 
may  be  lawful  for  any  justice  of  tho  peace,  ot  tho 
county  where  such  person's  estate  inav  be  found, 


to  "rant  a  writ  of  attachment,  for  any  debt  not 
exceeding  the  sum  of  twelve  dollars,  directed  to 
any  constable  of  the  same  county,  to  attach  the 
goods  and  chattels,*orofcher  effects  ^oF such  person 
to  answer  the  creditor:  but  befote  the  granting 
any  such, attachment,  the -person  or  persons  re- 
questing the  same,  or  some  other  credible  per- 
son or  persons,  for  'him  -or  them,  shall,  upon 
oaih  01  .affirmation,  declare,  that  the  'defend- 
ant in  -such-attachment  is  indebted  to  the 
plaintiff,  therein,,  named,  in  a  sum  -not -exceed- 
ing twehe  -dollars;  .and  that  the  defendant 3 
-and  has  been  absconded  from  the  place  of  his  u 
stial  abode,  for  (he  space  of  six  days,  with  a  de 
•sign  to  defraud  his  creditors,  as  is  -believed  ;  anc 
that  ihedelendant  Jias  not  left  a  clear,  fee-simple 
estate,  in  lands  or  tenements  within  thisTernlo- 
ry,  sufficient  to  pay  his  debts-,  so  far  as  the  plain 
tiff,  or  deponent1,  knows  or  believes.  Which 
oath,  or  affirmation,  the  justice  of  the  peace,  ihat! 
grants  such  wri.t^  is  hereby  empowered  and  re- 
quired to  administer.  And  if  any  attachment  be 
granted  otherwise,  or  contrary  to  the  true  intent 
and  meaning  hereof,  t'he  justice  of  the  peace,  so 
granting  the  same,  shall,  for  every  such  offence, 
forfeit  the  sum  of  twelve  dollars,  for  the  use  of 
him  or  her  that  will  sue  for  same. 

II.     As  soon  as  the  justice  of  the  peace,  before 
?r°"  whom  the'writof  attachment  is    returnable,  ao 
haxL*"6"*  cepts  the  constable's  return  thereof,  the  said  jus* 

lice  shallimmediately  appoint  two  substantial  free* 
holders,  to  take  into  their  -custody  all  the  goods 
and  chattels  attached  :  for  which  they  shall  be 
accountable,  until  they  shall  dispose  of  the  same, 
as  hereinafter  is  directed  ;  and  snail,  also,  fortho 
with  publish  his  said  proceedings,  by  advertise- 


to  ex- 
.  r<2  d:l[ar** 
I  -fr)ce  of  the 
f,egce  to  ctafe 


in  the  most  public  places,  neai    the  late 
dwelling  place  of  the  person  so,   as  aforesaid;  ab- 
senting^, and  likewise  in  one,  or  more,  of  tliepub- 
lic  news-papers  within  this  Territory  ;  appoint" 
ing  the  time  and  place  for  all  the  creditors  of   the 
person,  against  whose  effects  and  estate  the  at- 
tachment is  granted,   to  appear,  then  and  there  to 
discover  and  make  proof  of  their  demands  :  and 
it,  after  a  full  ancl  careful  examination,    it  shall 
appear,   that  there  is  a  just  debt  due  to   any  one   when  the 
person  from  the  said    defendant,   exceeding  the  appear 
sum  of  twelve  dollars  ;   then,  and    in    every  such 
oise,   the  said  justice  -of  the  peace,  shall  no  fur. 
ther    proceed  ;  but  shall  deliver  and  certify  to  farther  p  oc««  ti- 
the prothonotary  of  the  co:irt  of  common  pleas,    i««svfflM^errif7 
jor  me  same  cou-nty,  the  saiJ    attachment,    and 
all  proceedings  thereon  had  before  him  :  Vv here- 
upon, itshalland  may  be  lawful,  for  the  Justices   Proceeding,"  of 
or   the  said  court,   to    grant  and  issue  one  writ   the  Common 

ofattachnrent,  only,  to  the  personx>r  persons  who   lMeas  tbcrcuP 

•     •it          » *  i  «         »  t  on  s 

obtained  the  said  attachment  from  the  said  jus- 
tice of  the  peace  (if  he  demand  the  same)  or,  if 
not,  then  to  any  other  creditor  of  die  defendant, 

!  to  the  sheriff  of  ttie  same  county  directed,  re- 
quiring him  to  attach  all  the  goods,  chattels 
rights  and  credits,  lands,  tenements  and  lieredi- 

I  laments  of  the  said  defendant,  Vvitlnn  liis    baiii- 

'\\ic.  By  virtue  of  v\hich  writ,  thesaid  sheriff, 
shall,  together  with  the  residue  of  tlm  s"aid  de- 
fendant's real  and  personal  estate  in  the  same 
county,  attach,  and  take  into  his  custody,  all  the 

i  goods  and  chattels  of  the  said  defendant  (or  the 
product  o-  such  part  of  them,  as  may  be  sold,  ac- 
cording to  the  direction  of  this  law)  then  in  the 
hands  and  possession  of  the  said  freeholders  t 
and,  upon  the  return  of  the  said  wilt  of  at- 


on  « 


and  of  the  fee* 


C  28  3 

lachment,  by  the  said  sheriff,  the  justices  of  the 
said  court  or  Con.mon    Pleas,   and  all  olher  per- 
sons acting  Tinder  their  authority,  shall  proceed 
ihereon,  in  like  manner,  and  shall  have  the  same 
jurisdiction  and  powers,  for  the  discovering,  sel- 
ling, collecting,  compelling  payment  of,  receiv-j 
ingand  distiibuttn^  the  estate,  real  and  personal, 
ol    the    defendant   among    his  creditors,  as  they 
might  or  could  have  had,  if  the  said  ^writ  ofattach-  j 
menthad,  according  to  the  laws  of  this  Territory, 
issued  out  ol  the  same  court. 
When   one  at-       jj[j.  When  any  attachment  shall  be  granted  by 

tachment   is  if-  /  ./  .b     /  / 

fued,  „<>  fecond  an7  justice  of  the  peace,  or  a*iy  writ  of  attach-j 
writ  of  that  na-   ment  shall  issue  out  of  any  inferior  court,  accor-I 
ture  foal]  be        ding  to  the  directions  of  this  law,  no  second  orj 
former  be* Ac     other  attachment,  or  writ  of  attachment,  granted] 
termined  ODt      orissued  by  the  said  justice,  or  any  other  justice! 
•within  the  same  county,  or  by  the  justices  of  thei 
same  interior  court,  against  the  real  or  personal! 
estate  of  the  same  defendant,  or  the  execution  ofj 
them,  or  any  of  them,  shall  bind  or  affect    the; 
right,   title,  interest  or  property  of,  or   in,    the; 
real  or  personal  estate   of  the  same  defendant,  ] 
within  the  same  county,    or   any  part    thereof,' 
•while  the  proceedings  on  the  said    first  attach- 
ment,  or  writ  of    attachment,  remain  undeter- 
mined :  any  law,  usage  or  custom,  to  the  contra- 
ry, notwithstanding, 

w.  .         IV.  When  the  said  justice  of  the  peace  shall 

chattels,  or  pe-  accept  of  the  return  of  an  attachment,  from  the 
ri/hable  goods  constable,  as  above  directed  ;  if  it  shall  appear  to 
are  attached,  thesame  justice,  that  any  cattle  or  other  chattels, 
fo'/t  within  ten  necessary  to  be  maintained  at  expense,  or  any 
day*.  perishable  goods,  have  been  attached,  by  virtue 

Proceedings  of  the  same  attachment ;  it  shall  and  may  be  law* 
hcreiu,  ful  for  the  same  justice,  to  order  sale  of  them  to 


C  29! 

be  marie,  by  the  said  freeholders,  within  fen  days : 
of  which  public   notice  shall  be  given,  at  least 
six    days  before    the   sale  thereof,    by  advertise- 
ments to  be  set  up  at  the  most  public  places,  near 
the   place    of    *aic;  and    that  the  money  arising 
therefrom   shall  be  lodged    in    the   hands  of  the 
freeholder,   aforesaid,  to  be    attached  or  distri- 
buted amone  the  creditors,  in  the  mannerherein- 
before    or    hereafter    directed    and     appointed," 
V.  If  no   such  debt  exceeding    twelve   dollars 
shall,   to  the  said  justice  of  the  peace,  appear   to  HOW  juftices  of 
be  due  from  the  said    defendant;   then    the  said  the  peace,  &c.' 
goods,  chattels  and  other  effects,  in  the  hands  of  ™*7      no""* 
the  said   freeholders,  shall  be    brought  to  an  ap«  ab0ve    12  dol- 
praisement,   but  not  sold  (except  as  is  herein  be- lara   (hall    ap« 
fore    excepted)     until  the    expiration     of    thiee  Pear* 
months,   next  after  the  granting  the  attachments 
to  the  end,  that  the  debtor  may  have   time  to  re- 
deem  them,  if  he  see  cause.     And  if,   after  the 
expiration  of  three  months,  as  aforesaid,  the  deb- 
tor shall  not  appear  and  redeem  them;  on  notice 
thereof,  given  to  the  justice  of  the  peace,  he  shall 
forthwith  order  and  direct  the  said   freeholders  to 
make  sale  thereof/  and  out  of  the  money  arising 
therefrom,   and   all  other  money    then  in    their 
hands,   from  any  part  of  the  defendant's  estate  ari- 
sing (reasonable  charges  first  deducted)   to  make 
payment  to  t*he  creditors,  who  shall   appear  and 
make  pioof  of  .their  debts,  within    the  said  three 
months,  in  proportion  of  their  respective   debts; 
and  the   overplus,  if  any,   to  be  returned  to  the 
owner.      But,  before  any  such  saleis  made,  the 
freeholders  aforesaid  shall  give,  at  least,    ten  days 
notice  thereof,  by  advertising  in  the  most  pub'-, 
lie  places,   the  time  and  place  of  such  sale)  and 
the  constable  shall  receive  fifty  cents,  for  serving 


to  3 

attach  menf^and  twenty-five  cents  for  serv- 
ng execution. 
VI,  The  freeholders,  aforesaid,  v\  ithin  six  days* 

"ext  a'termill;inrisllcnsale  anc*  distribution,  as  is 
herein  befoje    directed,  shall   render  a    true  ao« 
property,  to    countol  their  proceedings  ro  the  justice  of 
he  put   on  re.    peace,  who  granted  the  attachment  lobe  by 
1por-*  kept  as  a  record  of  their  proceedings  therein* 

THE  foregoing  is  hereby.  declared  {o  te  a  lawn 
o!  the  Territory  ;  to  take  effect  on  and  from  the 
fifteenth  day  of  August,  next  ensuing:  /A  7T-S- 
TJMORY  v»ke*e©f;  V^e  jfnLur  Si.  flair, 
Jof.n  CUvcs  Sj'u.mes  and  George  7nrzer9  have 
caused  the  seal  of  rhe  Territory  to  Le  tlrncunio 
afiixed,  and  signed  the  .same^ilh  cur 

AK.  ST. 


JOHN  C.  SYMMES, 
C.  TUUNKR, 


TERBTTCKYCF  THE  UNITED  STATES 
NOR)  H-WLST  OF  THE  OMO 

A  LAW  foii  the  easy  and  speedy 
Recovery  of  Small  Debls.  A- 
dop  led  from  the  Pcr*B$jrtvaiiM 
an  code,  and  published  al  Cm* 
cinnali,  the  third  day  rfJttne^ 
t>ne  thousand*  seven  hundisd 
and  ninety-five;  by  Aithur 
Ax.  ST.  CLAIR*  gt,  Clair,  governour*  and)*  hn 

Clcves  S)WHies  and  GeorBe 
Turner,  judges^  in  end  over 

the  said  Territory* 


SecU  L     TJ^^^  ccwplaiwt  made  lo  any  }«siico 
of  a  couit  ofcoiuiLon  ple*$i  or  jus- 


13*  3 
rice  of  the  peace,    asams-t  any  person    for  any 

i  »  r         /  if          •..    i     ii          I 

debt,  or  demand,   under  live  dollars,  it  shall  and 

may  be  lawful  for  surh  justice,  and  he  is  heieby 
empowered  and  required  to  issire  forth  his  warrant 
in  the  nature  ofasuminpBS,  capias  or  attachment, 
as  the  case  may  require,  directed  to  the  consta- 
ble of  the  township,  OF  district  where  the  defen- 
dant dwells,  or  can  be  found;  commanding  him 
to  bring  such  defendant,  or  causirg  him  to 
come  with  the  plaintiff,  before  him  or  the  next 
justice,  forthwith;  and  when  such  justice  hath? 
heard  the  proofs,  by  the  oaths  c-r  affirmations  of 
one  or  more  witnesses,  and  the  allegations  of  boll* 
parties,  or  such  ef  them  as  will  be  present,  he- 
shall,  forthwith,  give  judgment  in  the  matter; 
which  shall  be  final  and  conclusive  to  both  com- 
plainant  an<i  defendant,  without  further  appeal. 
Tut  the  justice,  who  gives  judgment,  shall  keep 
fair  entries  of  the  names  of  the  complainants  and 
defendants,  and  the  debt  or  sum  contained  in 
such  judgment,  with  the  day  and  year  when  the 
same  was  given,  and  execution,  if  required, 
shall  be  awarded,  by  the  justice,  against  the  bo. 
dy,er  grodsand  effects  ot  the  defendant  or  per- 
son refusing  to  Comply  with  such  mdgment,  di- 
rected to  the  constable.  If  the  defendant  produce 
effects  sufficient  to  satisfy  the  sum,  contained  in 
such  execution,  his  body  shall  not  be  held  any 
longer;  but,  for  want  of  such  effects,  the  consta  " 
ble  is  hereby  lequired  to  tale  such  defendant  in- 
to  I  be  jail  of  the  proper  covnly  ;  and  the  sheriff 
cr  1  eeper  of  MHII  jail,  is  heieby  required  to  re- 
ceive the  person,  so  lalen  in  execution,  and  him 
safely  keep,  till  the  sum  recovered,  with  costs,  he 
paid,  01  satisfaction  macV  by  goods,  oroiheiwise  ; 
which  goods  sLeJl,v\iiliin  ihree  cajs  alter,  be  sold 


, 

How    defct   on* 
der  5   j0]jart# 

u  recoverable. 


NO  appeal. 


The  juft'c* 


lc°ne£1** 


Execution, 


_.      . 
to  £e 
*here 
cau  bc 


by  public  vendue,  and  the  overplus,  if  any,  after 
•reasonable  charges  deducted,  returned  lo  the 
owner. 

II.  No  court  shall  have  cognizance  of  any  of 
the  said  debts,  or  denia.id*,  under  live  dollars  ;  nor 
shall  the  same  be  determined  by  any  riistice,iii  a- 
ny  other  way,  than  this  law  directs;  any  law  or  u- 
Scgeto  tlieconiiary,inanywi$e,  notwithstanding, 

III.  Provided  always,    1  hat    nothing    herein 
Contained,  slwll  extend  to  enable  any  ot  the  said 
justices,  within  the  respective  counties,  to  hear 
•any  debt  for  rents,   or  where  the  title  of  real  es- 
tates comes  into  question. 

IV-  All   actions  of-  debt,  or  other  demand,  for 
Debt  From  f  to  ^  value  of  five  dollars,  and  upwards,   and  not 
12  Dol.   inclu   exceeding  twelve  dollars  (except  such  actions  as 
five,  where  cog-  are  hereinafter  excepted)  are  hereby  made    cog- 
nizable before  any  justice  of  the  Common  Pleas, 
or  lusliceof  the  peace,  in  the  county  in  which  the 
Proceedings      defendant  shall  be.orreside:  and  the  said  justices 
thereon,    by     are  hereby  respectively  empowered  and  required, 
warrantor  e*.  upon  complaint  to  either  of  them  made  for  any 
such  debt  or  demand,   to  issue  a  warrant   in  the 
jiatureof  a  summons,  or  capias,  as  thecase  may  re- 
quire, directed  to  the  constable  of  the  township  or 
district  v*  here   the  defendant   dwells,  or  can  be 
found.;  or  to  some  other  constable,   near  to  him; 
commanding  such  constable  to  bring,  such  defend- 
ant or  cause  him  to  appear,  before  the  said  justice, 
at  I  he  time  and  in   the  manner  following  ;  that  is 

If    by    capias  =t°  sa^  '*  *n  cases'  where  process   shall  oe  in  the 
thfa,&c,  nature  of  a  capias,  forthwith  after    the  service 

thereof;  but  where  a  summons  shall  t>e  issued, 
then  on  some  certain  day  therein  to  be  expressed, 
notless  than  five,  npr  exceeding  eight  days,  from 
the  date  of  such  process,  And  at  the  time  ap- 


pointed,  for  the  hearing  of  any  such  cause,  the 
said    justice,    having    heard   and  examined  the 
parties,  with  their  proofs   and  allegations,  shall 
give  judgment  thereupon,  as  the  true  merits  and 
right  of  the  cause  shall  appear  to  him;  or,  at  the 
request  of  the  parties,  auditors  or  referrees  shall  Refcrrees   may 
be  named  by  them*  and    being  approved  of  by  b* 
the  Justice,  snail-proceed  to  hear  ana  examine  the- 
proofs  and  allegations  of  the  plaintiff  arid  defen- 
dant: and,  upon  the  return  of  such  auditors,  the 
said  justice   shall  give  judgment  thereupon,  ac- 
cordingiy  ;  with  such  costs,  only,  in  either  case, 
as  by  law  are  allowed  in  debts  under  five  dollars. 

V.  Provided  always,  That  the  process  against  p.     t  .. 

a  freeholder  shall  be  by  summons,  only  ;  and  ser-  gH^a  freehold- 
vice  thereof. shall  be  made  on  the  person,  or  a  ers. 
copy  thereof  left  at  the  house  of  the  defendant,  in 
the  presence  of  one  or  more  of  his  family,  or 
neighbours,  at  least  four  days  before  the  time  ap- 
pointed for  a  hearing.  And  if  the  defendant  do 'hot 
apppearat  the  time  appointed^  thenr  onoath  or 
affirmation,  made  by  the  con  stable,  that  the  said 
summons  was  duly  served,  in  manner  aforesaid, 
the  justice  who  granted  the  same  summons,  may, 
either  then,  or  on  such  further  day  as  he  shall 
deem  consistent* with  reason  and  the  nature  of 
the  case,  to  appoint  (and  not  otherwise)  proceed 
to  hear  and  determine  such  cause,  or  causes,  in 
the  defendant's  absence;  and  give  judgment, 
and  awarJ  execution  thereupon,  as  if  the  defea- 
danthad  been  personally  present. 

VI.  After  judgment  given,  in  any  of  tfie  cases  . 
aforesaid,  the  justice  who  pronounced  the  same  fu*hC°  cafes,   & 
shall  grant  execution  thereupon,  directed  to  the  proceedings  a- 
constable  aforesaid  ;  commanding  him  to  levy  the  g*i  n  it  ibe  goods, 
debt  or  damages  and   costs  of  the   defendants 


goods  and  chattels  who,  by  vktuc  thereof,    shal 
within  t!i3sp.ice  of  tendays  next  afterwards,  ex 
pose  the    same     to  sale    by  public   vendue,  re 
turning  the  overplus,   if  any  be,     to  the   clefen 
dant:   and,   for  want  of  sufficient  distress,  to  tal 
\trie    body. o4  such    defendant   into  custody,  an 
him  or  her  to  carry  and  convey    to  the  commo 
Jail  of  the.  ronnly.      And    the  ssheriff,   or  keepe 
of  such    jail,  is  hereby  required   to  receive  th 
peison    or  persons,  -so 'taken  in -execution,  an 
liim,  her,  or  th  tin,  saiely  to  keep,  until    the  sum 
recovered,  -with    costs,  be  fully  paid.     And    i 
./default  of  such  safe- keeping,  to  be  liablefoanswi 
fwef1    fur    cU  *ne  damages  to  the  party  grieved,  in   -such  man 
capes.  ner  as,   bylaw,  is    provided  in  case  of  escapes 

but  in  case  no  assets  "belonging  to    the  defendan 
sufficient  to  pay  the  debt  and  costs,  can  be/ound 
it  shall  and  may  be  lawful  for  The  plaintiff  to  a\ 
ply  to  the  justice  who  pronounced  the  judgmenl 
lor  a  transcript  theieof;  and  on- 'filing  the  sam 
in  theprolhonotary's  office  of  the  court  of  Con 
inon  Pleas,  in  that  county  in  which  the  recbver 
shallbehad,  it  shall  and  may  be  lawful  for    th 
plaintiff  to  levy  the  sum  recovered,  vvi'h  costs  o 
IWbentheUiuU  suit,  on  the  lands  and  tenements  of  the  defendan 
and i  tenements  ejt]ier  by  fieri    facias.,  Venditloni  exponas,   or 
Stay  Ve^ic  vied  liberari  facias ,  as  the  case  may  require,  in  lik 
oil.  wanner  as,   bylaw,  isprovideJin  oth-cr cases/ 

VIK   Provided  always,  Jhat  no  such  exccutio 
shall  be  issued  against  any  freeholder,  in  less  than 
Execution  a-       thespare  oi  tinee  months,  next  after    the  .entry 
g«ioft fwbold    Of  Sucj1  judo^ent,  u-nless  tlie  plaintiff,  or  some 

ers  not    to  inue   i      j       r        i  •  i  in 

*'ithHi;rt;ont.i8  b°dy   ror  linn  or  her,  shall,  on  oath,  or  afhrirsa- 
ooiefs,  &.c.         tion     dedaie*  that  lieor  she  hath  good  reason  to 

believe  that  the  debt  will,  by  such  delay,  be  lost; 

for  that  at  the  end  ol  die  said  term,  or  before  it 


t  w  ]  V! 

he  or  she  believes  the  defendant  will  not  havesut- 
ficiont  assets  in  the  county,  on  which  the  said 
debt  may  be  levied  /  :andif  any  judgment  to  be 
given,  as  aforesaid,  shall  be  against  a  person,  not  a 
Freeholder,  such  person  shall  hare  the  execution 
against  him  or  her  respited  for  the  like  term  of 
three  months,  on  his  or  her  entering  into  recog- 
nizance to  the  plaintiff  with  one  sufficient  securi- 
ty, in  the  nature  of  special  bail;  on  condition  to 
deliver  the  body  of  ,tne  defendant  to  the  sheriffof 
the  county,  at  or  any  time  before  the  expiration 
of  the  time  so  tobt  allowed  ;  or  that  the  money 
adjudged  to  be  due,  shall  then 'be  paid.  And  in 
default  of  giving  such  security,  shall  be  commit- 
ted to  the  common  jail  of  the  county  ;  thereto 
remain  until  the  debt  and  costs  shall  be  paid  ;  or 
such  defendanbotherwise  legally  discharged. 

VIII.  Provided  also,  That  where  the  plaintiff,  cofts  to  dcfen- 
in  any  case,  shall  become  nonsuit,  or  judgment  dan*« 

shall  pass  .against  him,  then  the  justice  is  hereby 
required  to  assess  the  defendant  his  reasonable 
costs,,  to  be  levied -in  manner  aforesaid* 

IX.  Providedalso,Tha.lil  any  person  or  persons 

shall  conceive  him  her  or  themselves  aggrieved  APP«aI  allow- 
by  any  such  judgment,  so  to  be  given,  (cases  de- 
terminedon  the  return  of  auditors  or  referrees, 
i  as  aforesaid,  only  exeepted)  it  shall  and  may  be 
lawful  for  such  person  or  persons,  at  any  time 
within  the  space  of  six  days  next  following  the 
giving  ofsuck  judgment,  but  not  after,  toappeal 
therefrom,  to  the  court  of  Core-mon  Pleas,  next 
to  beholden  for. the  county  in  which  such  suit 
shall  be  commenced  ;  he,  she  or  they  first  ente- 
ring into  recognizance  with  at  least  one  sufficient 
security,  at  least  in  double  value  of  the  debt  or 
damages  sued  for  (and  sufficient  to  answer  all 

r 


C36] 

costs)  to  prosecute  the  said  appeal,  with  effect, 
and  to  abide  the  order  of  the  said  court  /  or  in 
default  thereof  to  be  senr,  by  mittimus,  to  the  she- 
riff of  the  county,  by  him  to  be  kept,  until  het 
she  or  they,  shall  give  such  security,  or  be  o* 
thfcrwrse  legally,  discharged. 

lattices  tokcen  ^  .The  sai«)usticesha11  cause  fair  en  tries  tobe 
dockets,  and  made  in  boote,  by  them  to  be  provided,  for  that 
how.  purpose,  of  the  names  of  the  plaintiff  and  defen- 

dant, in  all  such  cases  as  may  come  before  them ; 
with,  the  debt  and  costs  adjudged,  and  the  time 
when  the  same  judgment  was  given.     And  upon 
any  appeal  made   from. any  such  judgment,  the 
Juftlces  duty  Jo  justice,  who  pronounced  the  same,  shall  send  a 
cafe  of  a?p««l.  transcript  thereof  to  the  prothonolary  of  the  court 
of  Common  Pleas  for  the  county  in  which  such 
appeal  is^made,  on  or  before  the -first  ddy  of  tha 
term  next  following  any  such  appeal :  for  which 
transcript,  or  any  other,  obtained  by  virtue   of 
this  law,  the  justice  shall  be  allowed,  in  the  costs 
to  be  taxed,  eighteen  cents  and  no  more* 
Proceedings  in      &•  At  the   court  to  which  any  such-  appeal 
the  court  ap*    shall  be  made,   the  person  so  appealing,    shall 
pealed  to.         cause  an  entry  of  his  suit  to  be  made  by  rhe  pro* 
thcrnotary  of  such  court;  and  shall  either  have 
his  appearance  entered,  or  give  bail  to  the  action, 
as  the  nature  of  the  case  may  require  ?  or  on  ne- 
glect thereof,  and  application  ofrlhe  appellee  to 
the  court,    for  that  end,  the   appellant's  default 
shall  be  recorded^  the  first  judgment?  affirmed^ 
with  reasonable  oostsv  and  execution  shall  be  issu- 
ed out,  of  the saidicourt  against  the  defendant's 
body ,  goods,  or  chattels*  as  is  usual  in  oth^r  cases. 
And  in  case  the  defendant  shall  appeal,  or  give 
tail,  asraforesaid,  tb.e  plaintiff  or  defendant  in  the 
appeal,  as  the  ca5e  may  require,  shall  file  his  oc 


[373 

her  declaration,  and  the  adverse  party  plead  to. 
issue,  in  such  time  as  shall  be  directed  by  the 
court;  so  always  that  the  cause  be  tried  by  a  ju- 
jy  of  the  country,  m  the  usual  manner,  either  at 
the  court  to  which  such  appeal  is  made,  or  the 
next  terra  at  farthest  •,  unless  me  court,  on  cause  to 
them  shewn,  shall  think  fit  to  give  tbe  parties 
a  farther  day  :  and  as  the  verdict  shall  be  render- 
ed in  any  or  tkesaid  causes,  the  court  shall  give 
judgment  thereupon  as  the  mature  of  the  case 
may  require,  with  cost  of  suit. 

XI L  ProvideU  always.  That  if  the  parties,  ap- 
pellant and  appellee,  oreither  of  them,  shall  ne-< 
gleet  or  reFuse'to  filefchis  or  her  declaration,  or  fo 
plead  to 'issue,  in  such  time  as  shall  be  directed 
by  court,  a  nonsuit  or  a  judgment,  by  default, 
may  be  entered,  for  want  mereofas  usual. 

Xllf.   Providedalso,  That  the  costs  to  be  tax- 
ed in  sutfh  suit,  *to  the  several  officers  -and  others  What  cods   to 
concerned  for  the  services  by  them  respectively  to  ba  uxcd* 
be   done,  shall  be  two  third  parts  only  of  the 
costs  now  usually  taken  in  the  said  courts  of  Com- 
-on  Pleas. 

XIF.  Provided  also  >  That  none  of  the  justices,  not  to  'fit 
-v/ho,  by  virtue  6f   this  law,  shall  hear  and  da-  the  fame  caufc 
j-iermine  any  of  fhe  causes,  aforesaid,  out  ofcourt>  itt  cdul*c* 
»  shall  afterwards,  sit*  on  the  faring,    and  deter- 
mining the  same  'cause,  t>n  an  appeal  made  to 
any  of  the  courts  of  Common  Pleas,  aforfesaicL 

Jf^.  li  any  person  or  persons,  whomsoever, 
shall  commence,  sue  or  pro-cute  any  suit  or 
suits,  lor  any  djebts  or  demands  made  cdgnk- 
able,  as  aforesaid,  in  other  manner  than  is  direct- 
ed by  this  law,  and  shall  obtain  a  verdict  or 
judgment  therein,  for  debt  or  damges,  which, 
•without  costs  of  suit,  shafl  not  amount  to  moie 


than  twelve  dollars,  (not  having  caused  an  oath 
or  affirmation  to  be  made,  before  the  obtaining 
'of  the  writ  of  summons  or  capias  and  tiled  tlis 
same  in  the  protho  notary's  office,  respectively, 
'that  he,  she  or  they,  so  making  oath  or  affirmati- 
on, did  Iriily  believe  the  debt  due,  or  damage 
sustained  exceeded  the  sum  of  twelve  dollars)  he 
she  or  they,  so  prosecuting,  shall  not  recover 
any  costs;  in  such  suit:  any  law,  usage  or  cus- 
tom, lathe  contrary,  notwithstanding. 

'XVI.  Provided  also,  TKat  this  law,  nor  any 
Particular          thing  herein  contained,  shall  be  deemed,  con- 
debe»dedar<lea  strucd  or  understood  to  extend  to  actions  of  debt 
fa°w.W         hl9  for  Tent,  xlebt  upon  bonds  for  performance  of  co- 
venants, to  actions  of  covenant,  u»  actions  of  re- 
plevin, or  upon  any  real  contract ;  nor  to  actions 
of  trespass  on  the  case  for  trover  and  conversion, 
or  slander  ,"  nor  to  actions  of  trespass,  for  as* 
sault  and  battery  or  imprisonment;  nor  to  such 
actions  where  lh£  title  of  lands  shall  any  wise  come 
in  question. 


TWfi  fare^ing  is  hereby  declared  ro  be  a  lavr 
of  &e  Territory  ^  totate  effect  on  and  from  the 
first  day  of  Oetober,nexl  ensuing:  IN  TES* 
T1MONY  whereof,  we  Ankvt  Sr*  Clair, 
John  Clev&s  Symmes  and  George  Turner,  have 
cause4  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  STV  CLALR, 
JOHN  C.  SYMMES- 
fe. 


[393 

TERRITORY  OF    THE  UNITED  STATES  > 
NORTH-WEST  OF  TH£  OHIO*          5 

A  LAW  concerning  defalcation, 
Adopted  from  the  Pennsylva- ' 
nian  code^  and  published  at 
Cincinnati,  the  third  day  "of 
June^    one   thousand*    seven 
hnndfedand    ninety-five',  by 
Arthur:*  St.  Clair,  governour* 
Aa.  ST.  CLAIR,  ^      and  John  Cleves  Symmes-aud 
George  Turner,  judges,  in  and 
over  I  fie  said  Territory. 


Sect.  L     IF  twa,  or  more,  dealing   together, 

be  indebted  to  each  olher  upon  ing  together,  & 
bonds,  bills,  bargains,  promises,  accounts,  or  onefue  out  aa 
the  like,  and  one  of  tliem  commence  aa  action*  "'h 


hi  any  court,-  if  the  defendant  cannot  gainsay  plead. 
the  deed,  baigain  or  assumption,  upon  winch  he 
is  sued,  it  shall  be  lawful  tor  such  defendant  to 
plead  paynaentef  all,  or  part  of  die  debt,  or  siimv 
demancled  ;  and  give  any  bond,  bill,  receipt,  ac- 
count or  bargain-in  evidence  s  and  if  it  shall 


pear,  that  the  defendant  hath  fully  paid-y  or  salis- 
lied,  tho  debtor  sum  demanded,  the  hiry  shall 
find  for  the  defendant;  and  iudgment  shall  be 
entered,  that  the  plaintiff  shall  take  nathing'by 
his  writ,  and  shall  pay  the  costs.  And  Hit  shall  Fartjicr 
appear,  ^at  any  part  of  the  sum—  demanded  be 
paid,  then  so  muchasis  found  to  be  paidsbaU-l  e 
defalkecl;  a^id  ihe  plaintiff  «hc*ll  have  j^idgmene 
for  th^-residHe,  only,  wkh  costs  of  suit.  But  if  it 
appear  to  the  j:»ry,  that  the  ,  lain  tiff  is  overpaid, 
Inen  they  shall  give  in-then  verdict  for  the  de- 
fendant, and,  withal,  certify  to  the  court,  how 
much,  they  find  the  plaiutilf  to  be  indebted,  or 


E401 

in  arrear,  to  the  defendant,  .mare  .than  \will  aiH 
swer  thedebt  or  sum  demanded 7  and  the  sum  or 
sums,  so  certified,  sliall'be  recorded  with  the  ver- 
dict, and  shall  be  deemed  as  a  debt  oi  "record; 
and  if  the  plain  tiff^refuse^o  pay  thesanrej  the  de- 
fendant, for  recovery  thereof,  shall  ha^e.a  scire 
ft*  facias  against  the  plaintiff  in  the  said  action,  and 

toave.execution  lor  thfj  same,  with  the  costs  of  that 
ac&on. 

tender?  H«  'Provided  always,  That  In  all   cases  where 

a  tender  shall  be  made,  and  full  payment  be  of- 
fered by  discount,  or  otherwise,  in  such  specie 
as  the  party,  by  conttaet  or  agreement,  ought 
to  do,  and  the  party  to  whom  such  tender  shall 
fee  made  doth  refuse  thesasne,  and  yet  -afterwards 
will  sue  for  the  debt  or  goods,  so  tendered  ;  the 
plaintiff  shall  not  recover  any  costs  in  such  suit, 

111.  Provided  <z&o,  That  in  all  cases,  where  the 

Where  ao-  !•..«•         JJtJ  u      • 

countvbetwcen  Pontiff  and  defendant,  having  accounts  to  pro* 
two  parties,       duce  one  against  another,  shall,  by  themselves, 
what  proceed-  oratfcornies  on* agents;  consent  to  a  rule  of  court, 
xuga.to    e  had.  £of  referrjng  the  adjustment  thereof,  to  .certain 
persons,  mutually  chosen  by  them  in  open  court 
(the  award  or  report  eft  such  referrees  being  made 
according  to  the  submission  of  fche  parties,    ap~ 
proved  of  by  the  couct,  and  entered  upon  tlie 
record,  or  roll)  shall  have.tiie  same  effect,  and  be 
*ci.  Ta.  deemed  and  taien  to  be  as  available  in   law,  as  a 

Terdict  given  by  .twelve  men:  and  the  party,  to 
whoin.any  sum  or  sums  of  money  are  thereby 
awarded.to  be  paid,  shall  have  judgment,  or  a 
scirc  facias,  for  me  recovery  thereof,  as  the  case 
may  require,  and  as  is  he  rein  .be  fore  directed,  con- 
cerning suuis  found  and  settled  by  a  juiy  5  any 


[41  ] 

law  or  usage  to  the  contrary,  in  anywise  notwith- 
standing, 

THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing  :  IN  TES- 
TIMONY whereof,  we  Arthur  Sf.  Glair. 
John  Cleves*  Symmes  and  George  1urnery  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLACR, 
JO  -IN  C.  SYMMES, 
G.  TURNER. 
TERRITORY  OF  THE  UNITED  STATES 


NORTH-WEST  OF  THE  OHIOi 

A  LAW  for  the  trial  and  punish- 
nient  of  Larceny,  under  a  dol* 
lar  and  a  half-  Adopted  from 
M6  Pennsylvania.*,  code,  and 
published  at  Cincinnati,  the 
fifth  day  of  June,  one  thou~ 
An.  ST,  CIALR,  .ra/K/;  seven  hundred  and  nine 

Ih^-*?*1*'  &-&**  b?  Arthur  St-  Clairt 
gpvernour,  and  John  Cleves 
Symmes  and  George  Turner, 
judges,  in  and  over  the  said 
Territory. 

Sect.  L      JF  any  person  shall  be  convicted* 
dthcr  by  his  or  herown  confession^ 
or  the  testimony   ofered&le  evidence,  before  a- 
ny  two  justices  of  the  peace,  in  their  respective-         s     « 

lunties,  of  having  feloniously  stolen  any  money.   **«  panlfl»ibl« 
goodsor  chattels  (the  same  being-uuder  the  value  btfort  a  **ftu 
ri  fave  shillings,   now  equal  to  one  hundred'  and  "*' 
fifty  cents)  the  offender  shall  have  judgment,  to 
be    immediately  and   publicly   whipped,   upon 
bis  or  her  bare  back,  not  exceeding  fifteen  lash- 
P,  or  be  fined  in  any  sum,  at  the  discretion  ot 


Party      accufcd 
may,'onrequeft, 
have    trial    be- 
fore the     quar- 
ter  (efiions,  on 
recognizance 
for  appearance 
there-  except 
iervants,  unlefs 


Justices    tore- 
cord  their  pro- 
ceedings   bcrs 
in. 


the  said  justices »  not  exceeding*  three  dollars;  and 
if  able,  to  make  restitution,  besides,  to  the  par- 
ty wronged:  paying  also  the  charges  of  prosecu- 
tion ond  whipping:  or,,  otherwise;  sh.aH  be  sent  to 
the  work  house,  to  bskept  at  hard  taWur;  and, 
jor  want  of  such  work-house,  to  becommitted  to 
prison,  for  such  changes,  for  a  term  not  exceed- 
ing twelve  days  ;  any  law  to  .the  contrary,  notr 
withstanding. 

IL  Provided  always,  That  if  the  party,  so 
charged  with  sti eh  larceny,  requestto.be  tried  at 
the  court  ofgeneral  quarter  sessions  of  the  peace,,  1 
to  beheld  for  the  connty  respectively,  the  sairie 
shall  be  granted  by  the  said  justices;  t-he  of- 
fending party  giving  security  to  appear  and  an- 
swer at  the  said  court :  otherwise  he  or  she  shall 
be.  committed,  as  is  usual  ia  such  cases.  But,  if 
£he  party  so  charged  with  larceny  be  a  servant  or 
servants.,  he,  she  or  they  shall  not  have  any  ap- 
peal, unless  the  master,  mistress  or  friend  of  the 
party  charged  shall  beCome  security  for  his,  Jier 
or  their  appearance  at  the  next  court,  as,  in  such 
•cases,  is  usual. 

Ill,  One  or  more  of  thef  ustices  who  shall  render 
judgment,  by  virtue  of  .this  law,  shall  keep  fair  re- 
cords of  jiis. or  their  poceedings  therein. 
• : 

THE  foregoing  is  hereby  declared  to  be  a  Jaw 
of  the  Territory  ;  to  take  effect  on  and  from  the 
fifteenth  day  of  August,  next  ensuing;  /A*  TES- 
TIMONY whereof,  vye  Arthur  St.  Clarr, 
John  Cloves  Syrnmes  and  George  Turner*,  have 
caused  the  seal  of  the  Territory  to  he  thereunto 
affixed,  and  signed  the  same  with  *our  names 

^H.  ST.  CLA1R, 
JOHN  C.  SYMMfiS, 
G.  TURMi.Il. 


TERRITORY  OF  THE  UNITED  STATES? 
NORTH-WEST  OF  THE  OHIO.          £ 

A  LAW  to  prevent  unnecessary 
Delays  in  Causes,  after  [ssue 
joined.  Adopted  fmm  the 
Pennsylvanian  code>  and  pub- 
lished at  Cincinnati,  the  fifth 
day  of  June,  one  thousand^ 

AR  ST.  CLALR,        seven  h undred and  nine- iy-five  ; 

JOHN'C.  SYMMES,     ty    Arthur     St.  Clair,     cover- 

C.    TURNfiK.  ^  T  T     i         ^7  A, 

—  nour,  and  John  Clevis  by  mmes 
and  George  Turner,  judges,  in 
and  over  the  said  Territory. 

Sect,  I.     ADHERE   any  issue-is  or  shall  be  join- 
ed, in  any  action  or  suit  at   law, 

in  any  of  the  courts  of  this  Territory    and    the  Plaintiff  ne- 
plaintiff  or  plaintiffs'  in  any  such  action  or   suit,  g'^'ng  to 
hath  or  have  neglected  or  shall  neglect  to  bring  in^^courTe 
such  issue  on  to  be  tried,  according  to  the  course  to  fuller  anon 
and  practice  of  the  said  courts,  respectively ;  it  futt « 
shall  and  may  by  lawful  for  the  judges,  or  justices, 
of- the  said  courts,  respectively,  at  any  time  af  court; 
ler  such  neglect,  upon  motion  made   in  open 
court  (due  notice  thereof  having  been  given,  in 
open  court,  the  preceding  term)   to  give  the  like 
judgment  for  thed^fendant  or  defendants,  in  every 
such  action  or  suit,  as   in  cases  of  non-suit  ;  un- 
less the  said   judges  or    mstices  shall,  upon  just 
cause  and  reasonable  terms,    allow  any  further 
time  or  times,  for  the  trial  of  snch   issue,      And  if  And,    for 
the  plaintiff  or  plaintiffs  shall  neglect  to  try  such  ?"'  ne& 
issue  within  the  time  or  times  so  allowed;  then,  ^  * 

and  in  every  -such  ca^,   the  said  judges,  or  justic- 
es,  shall  proceed  to  give  judgment,   as  aforesaid. 
.11.  JProvidcd  always i  That  all  judgments givenr 

G 


7hifc?to  be  ty  virtue  of  this  law,  shall  be  of  the  like  Force 
a?  judgment*  on  and  effect  as  judgments  upon  non  suit,  and  of  no 
jion-folt.  olher  force  or  effect, 

III.  Provided  also,  That  the  defendant  or  de- 

Defendant  to.     fendants  shall,   upon  such  judgment,   be  awarded 

have  coils.          his,    her  or  their   costs,   in  any  action  or  suit, 

\vherehe,  sheer  they  would,  upon  non-suit,  be 

entitled  to  the  same  ;  and  in  no  other  action  o 

suit  whatsoever. 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;   to  take  effect  on  and  from  th< 
fifteenth  day  of  August    next  ensuing  :  1NTES 
TIMONY   whereof,,    we     Arthur    St.-    Clair 
John  Cleves  Symmes  and  George  Turner,    have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLAfR, 
JOHN  C.  SYMMES, 
G.  TURNER. 

TERRITORY  OF  THE  UNITED  STATES  7 
NORTH-WEST  OF  THE  QlilO,  3 

A  LAW  establishing  Courts  o' 
Judicature.  Adopted  from  the 
Pennsylvanian  code,  and  pub- 
lisJied  at  Cincinnati^  the  sixth 
day  of  June,  one  thousand, 
seven  hundred  and  ninety- five ; 
by  Arthur  St.  CAair,gcn>cmou/< 
avid  John  Cleves  Symmes  and 
George  Turner,  fudges,  in  and 

over  the  said  Territory. 

Sect.  I.    TTHERE    shall    be  a  court  stiled  The, 

peace,  holden  and  keptiour  time?  in  every  year, 


An.  ST.  CLAIR, 


[45] 

in  every  county,  viz'.     In  the  county  of  Wash* 
ington,    at  the  town    of  Marietta... on  the  third 
Tuesdays  of  March  and  June,  aud  the  first  Tues- 
days of  September   and    December,  yearly  and 
every   year;  in,  the  county   of  Hamilton,  at  the  «m  Hamilton  t 
town  of  Cincinnati,  on  the  first  Tusdays  of  Fe- 
bruary, May,    Augnst   and  November,   yearly 
every  year;  in  the  county  of  St.  Glair,  to  behold-  la  St.  Clair* 
en  as  follow  eth,  (to  wit)  in  the  district  cf  Kaskas- 
iia;  on   the  first  Tuesdays  of  January,  March, 
June  and  August;  in  the  district  of  Kahokia,  on 
ihe  first  Tuesdays  of  February,  April,   July  and 
October  ;  and  in  the  district  of  Prairie-du  Rocher, 
on  the  Ci;st  Tuesdays  of    May,  August.   Novem- 
ber and  February,  yearly  and  every  year:  and  in  -n  Kno . 
the  county  of  Knox,  on  the  first  Tuesdays  of  Fe- 
bruary, May,  August  and  November,  yearly  and 
every  year, 

II.  There  shall  be  a  competent  number  of  jus- 
tices in  every  county,  nominated  and  authorized  a  |ufljcs  to 

by  the  Governour,  by  commission  under  the  seal  form  ibis  bench, 
of  the  Territory   c  which  said  justices,  -or  any 
three  of  them,  shall  and  may  hold  the  said  Gene- 
ral sessions  of  the  peace,  according  to  law! 

III.  The    said  justices  of  the    peace,  or  any 

three  of  them,  may,  pursuant  to    their  said  com-  May  bold    Cpe- 
niissions.  hold  special  ajid private  sessions,  when,  clal  feffions- 
and  as  often  *s  occasion   shall  require.    And   the  J^^™ 
saidjustices,,and  every  of  them,  shall  have   full  to  recognlzak- 
power  and  authority,  in  orout  of  sessions,  to  take  ces  : 
all    manner   of    recognizances  and  obligations, 
as  any  justices  of  the  peace,  in  any  of-  thctJnired 
States,  may*  can,  or  usually    do:  which   saidrc- 
cognizanrcsand  obligations,  shall  be  made  to  the 
United   States.     And   all   recognizance,?  for    the 
peace,  behaviour,  or  for  appeal  auce,  N  Inch  shall 


[46]  I 

be'  taken*  by  any  of  the  said  justices,  out  of  ses- 
sions, shall  be  certified  into  their  said  General 
sessions,  of  the  peace,  to  be  holden  next  after  the 
ccr*  taking  thereof :  and:  every  recognizance,  taken 
before  any  of  them*,  for  suspicions  of  any  manner 
of  felony,,  or  other  crime  riot-  triable  in  the  said 
court  of  Barter-sessions  of  thepeace,  shall  be  cer- 
tified before  the  judges  of  the  General  court,  or 
court  of  Oyer  and  -Termiiier,  at  their  next  succeed- 
ing court  to  beholden  next  after  the  taking  there- 
of, without  concealment  of,  or  detaining  or  em- 
bezzling the  same.  But  in  case  any  person  or  per- 
sons shall  forfeit  his  or  their  recognizances  of  the 
peace,  behaviour  or  appearance,  for  any  cause 
whatsoever;  then  the  said  lecognizancey  so  for- 
feited, with  the  record  of  the  default '  er  cause  ol 
forfeiture,  shall  be  sent  and* certified,,  without  de< 
lay,  by  the  justices  of  the  peace,  into  the  said 
General  Court,  or  court  of  Oyer  and  Terminer,  as 
bhecase  may  require;  that  thence  piocess  may 
issue  against  the  said-  parties,  according  to  law. 
AIL  which  forfeitures  shalr  be  levied  by  the  pro- 
per officers  and  go  to  the  Tenitory. 

IV.  All  fines  and  amerciaments,    which  shall 
How  finct  (Ball  foe   j^jj    before  the  justices  of  the  said  courts  of 

be  let,   and   cf-   ^  ,  .  I  r  i  i     n  i 

treated.  General  quarter-sessions  or  the  peace,  shall  b6  tax- 

ed, afferred  arid'set,  duly  and  truly,  according  to, 
ihe  quality  of  the  offence,  without  partiality  or 
affection  ;  and  shall  be  yearly  estreated  by  the 
clerksof  the  said  courts,  respectively,  into  the  said 
General  Court  or  court  of  Oycr  and  Terminer  : 
l-o  the  intent,  thatprocess  may  be  awarded  to  the 
sheriff  of  every  county,  as  the  case  may  require, 
for  lev)  ing  such  of  their  fines  and  amerciamenls, 
as  shall  be  unpaid,  to  the  uses  for  which  they  aie, 
or  shall  be  appropriated. 


C  47  3 

V.'  Provided  always,  That  the  said  courts  of 
the  General  quarter-sessions  of  'the  peace,  may 
be  kept  and  continued  for  the  space  of  three  le- 
gal days,  or  seventy-two  hours,  in  every  of  the 
said  counties,  respectively,  at  any  of- the  said 
times  hereinbefore  appointed  to  hold  and  keep 
the  said  court  and  sessions  there-' 

VI,  To  the  end,   that  persons  indicted  or  out-  The;r  procee<l- 
lawed   for  felonies,-    or    other  offences,   in  one  ings  as  to  per.* 
county,  or  town  corporate,-  who. dwell,  remove  fons    >odi&«d, 
or    be    received,  into  another   county,  or  town  an^°  renting 
corporate;  may  be  brought  to  justice;  it  is  here-  into  other  coua 
by  directed;   that   the  justices^  or  any  of  them,  lies- 
shall  and  may  direct,  their  writs,  or  precepts,  to 
all  or  any  of  the  sheriffs,  or. other  ofticers  of  the 
said  counties,  (where  need.shall  be)  to  take  such; 
persons  indicted  or  out  lawed:     And  it  shall  and 
may  be  lawful  to  and  for  the  said -justices,  and  e-» 
very  of  them,  to  issue"  forth  subpoenas,  and  other 
warrants,  under  their  respective  hands  and  seal  of  • 
the  county,  into  any  county  or  place  of  this  Ter- 
ritory,, for  summoning  or  bringing  any  person, 
or   persons*    to  give    evidence  in  and    upon  any 
matter  or  cause  whatsoever*  now.  or  hereafter  ex- 
aminablc,  or  in   any  ways   triable  by  or  before 
them,  or  any  of  them  ;    under  such  pains  and: 
penalties  as  subpoenas,  or  warrants  of  that  kind, 
usually  are  orought,  by  law-,,  to  be  granted  er  a 
•warded. 

VIL  If  any  person  or  persons  shall  find  him  or  ,       ,.  . 

i  i  yr.          i  i    r     i       •     i  r  <*  Appeal  given  Jj> 

themselves  aggrieved  by    the  judgment  of  any  of  rile  oeueral 

the  said  courts  of  general  quarter  sessions  of  the 
peace,  or  any  other  courts  of  record,  within 
tins  Territory  ;  it  shall  and  mny  be  lawful  to  and 
for  the  party  or  parties  so  aggrieved,  to  have  his 
or  their,  writ  or  writs  of  error,  which  shall  be 


(The    general 
court   cfUbliflr 
cd. 

It  fittings    i:i 
\Vafliiugton 

and 

in  Hamilton  ; 


Supreme    pow- 
er* of  this 

courc. 


M'here  iflTue 
joined     therein 
Ihull  be  tried. 

Circuit    courts 
cftablifhed     in 
St.  Clair,  Knox, 
and  other  couu- 
ti'-s  to  be  erect- 
ed      One  judge 
to   form    the 
bench — Terms 
dit'crciiouary, 


C  4?  J 

granled,  of  course,  in  manner  as  other  writs  are* 
to.  be  granted  and  made  returnable  to  the  General! 
court. 

fill.  There  shall  be  holden  and  kept,    twice 
in  every  year,  a  Supreme  court  of  record,  whichi 
shall  be    called  and   stiled,    The  General  court  ;: 
the  sittings  of  which  court  to  commence  at  Mari- 
etta, in  the  county  of  Washington,  on  the  third! 
Tuesday  of  October,  yearly  and  every  year;    and' 
on  the   third  Tuesday  of  March,   at  the   town    ofi 
Cincinnati,   in   the  county   of  Hamilton,  yearly 
and  every  year.   And  the  judges  of  the  said  court, 
and  every  of  them,  shall  have  power  and  autho- 
rity, when  and  as  often  as  there  may  be  occasion, 
to  issue  forth  writs  of  habeas  corpus,   certiorari, 
and    writs  of  error,   and  all  remedial   and    otliei 
writs  and  process,   returnable    to   the  said  court, 
and  grantableby  the  said  judges,  by  virtue  of  their 
office. 

IX.  Provided  always^  That  upon  any  issue  Join- 
ed iu  the  said  General-court,  such  issue  shall  be 
tried  in  the  county  whence  the  cause  was  remov- 
ed, before  the  judges  aforesaid,  qr  any  one  of 
them,  assicjrcuit  courts  who  are  hereby  empow- 
eied  and  required,  if  occasion  require,  to  go  the 
circuit,  twice  in  every  year,  into  the  counties  of 
St.  Clair  and  Knox,  and  such  other  counties  as 
may  hereafter  be  erected,  to  try  such  issues  in  fact 
as  shall  be  depending  in  the  «aid  General  court, 
and  removed  outof  either  the  counties  aforesaid  ; 
(when  and  where  they  may  try  all  Issues  joined) ; 
or  to  be  joined,  in  the  same  General  court,  and'to 
do,  generally,  all  those  things  that  shall  be  ne- 
cc«Sc»iy  (or  the  trial  of  any  issue,  as  fully  as  justices 
of  nisi  jnius  in  any  of  the  United  States  may  or 
can  do. 


r  493 

X.    The  said  judges,  or  any  two  of  them,  shall,.  Mot  left  than  2 
in  their  said  couit,  hear  and  determine  all  causes,  Ju<JSes  to  torul 
matters  and  thrrigs,  cognizable  in  thesaid  court;  g0arf*" 
and  also  hear  and  determine  all  and  ail  manner 
o'f  pleas,  plaints  and  causes,  which  shall  be  re-  T^e>r    power* 
moved,  or  brought  there,  from  the  respective  Ge-  *J"iall  "^vVe'a 
neral  quarter-sessions  of  the  peace,  and  courts  of  the  errors  of 
common  pleas,    or  from  any  other  court   to  be  i -fcrior courts.- 
holden  for  the  respective  counties:  and  to  exa- 
mineand  correct  all  andall  manner  of  errors  of  the 
justices  of  the  inferior  courts,  in  their  judgments, 
process  and  proceedings  in  the  said  courts  ;   as 
well  in  all  pleas  of  the  United  States,   as  in  all 
pleas  real,  personal  and  mixed  :  and  thereupon 
to  reverse  or  affirm,   thesaid  judgments,  as  the -and  pan:(h  the 
law  doth   or  shall  direct*    And  also  to  examine,  contempts,  co- 

.   i        ,  .     .  motions,  &c- 

correct    and    punish   the  contempts,  omissions  Of  ju(ijces  (he- 
,and  neglects-,  favours,  corruptions  and  defaults  riffs,  coroners, 
of  all  or  any  of  the  justices  of  the  peace,  sheriffs,  and    °ther  °&* 
coroners,    clerks  and  other  officers,  within  the  c 
said  respective  counties*- 

And  also,  shall  award'  process  for  levying,  as- 
.well  of  such  fines,  forfeitures  andamerciaments,  Further  pow- 
as shall  be  estreated  into   the  said  General  court,  ers  and  duties 
as    of  the  fines,   forfeitures  and    amerciaments,  of  the  Territo- 
which'shall  be  lost,  taxed  andset  there,  and  not Fl      a  ge8 
'paid  to  the -uses  to   which  they  are,  or  shall  be, 
appropriated*  and,  generally,  shall  minister  ample 
justice  toallpersons,  and  amp^y  exercise  the  juris- 
dictions and  powers  herein  mentioned,  concern- 
.ing-all  and  singular  the  premises,  according   to 
'law. 

A7.  All  the  said  writs   shall  run  in  the  name 

,  .  .  .  . 

&  style  or  the  United  Stales  of  America,  and  bear  and  how 

test   in  the   name  of  the  presiding  judge:  but  if 
he  be  plaintiff  or dclendau't,  then,  in  the  name  of 


C  50] 

one  of  the.  other  judges ;  and  shall  be  sealed  wit) 
the  Judicial  seal  of  the  said  court,   and  made   re- 
turnable to  the  next  court  after  the  date  of  such 
•writs. 

General  Court  XII.  The  judges  of  the  general  court  hav« 
to  deliver  the  power,  from  time  to  time,  to  deliver  the  jails  of  al 
jail*  of  perfons  persons.who  now  are, -or  hereafter  shall  be  com 

com  mi  trd    for    '    .  i  i          i         i  • 

capital  often-  uuUedrpr  tieasons,  murdersa-nusacji  other  cnmes 
«;es.  as,  by /he  laws  of  this  Territory,  now  are,  or  here- 

after shall  be,  rmade- capital,  or -felonies  oi  death, 
as  aforesaid  :  and  for  thatend/from  time  to  time, 
*lo  issue  forth  such    necessary. precepts  and  pro- 
cess, and  force  obedience  thereto,  as  justices,  of 
assize,  justices  of  Over  and  Ter  miner,  and  of  jail 
delivery,  may,  or  can  do  within  the.Uni ted  States. 
XII L   The  c barges  a n d ex pe n  ces  o f  t he  j  u dge  s , 
Travelling  ex-  a  ltorney-gerreral,  and  clerk  of  the  General-Court, 
pence »  of  the     vvilh  their  servants,  in  travelling  their  circuits,  anc 
SgarneVaTar»d  while  h°WinS   the  General  and  Circuit-Courts, 
cirrk,  &c.  to      shall  be  paid  4n  niiinnerfollovving,  thai  is  to  say 
be  paid  by  .the  all  such  expericcs  *JS  shall  happen  in    their    cir* 
?ubllc  :  cults  through .anyof  the  counties,  where  they  shal 

"When  by  the      not  hold   their  said  court,   shall  be  paid  by  the 
;         Territory;  and  all  such  expences  as  shall  accrue 
from  the  time  rol  their. coming  into,   and    durinj 
their  continuance  fin  the  county  where  they  shal 
hold  their  said.-court,  by  the  U*easurer  of  the  same 
by      county,  out..of  the  county  stock.      And  they  the 
the  county.        sajj    judges,  ^ttort>cy-general,  .and  clerk,  .v\ilh 
iheir  servanls,  shall  pass   and    repass,.apd  shal 
To  pafs  ferries  be  conveyed.'by  the.  ferry-men  over  a-11  the.seve 
ral  ferries  /within  this  Territoi;y,  without  pay  ini 
any  ferriage,  fee  or  reward  for  the  same.. 

XIV.   In  order  to  .compel  the  due  attendance 
n  to  he     f  jury.njen  on    the  said  Circuit  and  nisi  print 

for.  non-  >       J          ,     ,.       ,  •   i  •        i  •    n-        •. 

courts,  and  all  other  courts  within  this  Territory, 


Tn  ] 

ills  hereby  declared,  that  It  any  person  shall  be  du- 
ly summoned  to  attend  any  court  of  judicature,  to 
serve  on  a  jury,  or  on  any  inq  uest  required  by  law, 
ami  shall  neglect  or  refuse  togive  hisattenclance,  lf  jn  tlie  Gend* 
on  the  day,  and  during  the  time  his  service  is  nc-  exccedhig  8  dol 
cessary;  every  such  person,  so  offendiiigrshallbe  Ura, 
lined,  for  every  such  offence  in  the  General  court, 
and  court  of  Over  and  Terminer,  by  the  judges 
thereof,  any   sum   not   exceeding  eight  dollars :  Iflo   the  info 
and  for  every  such  offence,  in  thecourt  of  Com.  ri°crcej"nrts'  °01 
>rnon    Pleas,   or    court  of  quarter-sessions  of  the  doliVral0*  * 
peace  for  any    county  of  the    Territory,  by  the 
justices    thereof,   any  sum,    not    exceeding  five 
dollars  :    unless    such  delinquent   shall,     at  the 
same  or   next  succeeding  court,    render  to  the 
judges  or  justices  thereof,   a   reasonable  excuse 
for  such    neglect  or  refusal,    to  be   allowed    by 
such  of  them  as  shall  be  present;  which  said  judg- 
es or  justices  are  hereby  empowered  and  requir* 

ied.   on  failure  of  such  delinquent,  to  render  such  D       P 

.'  i       -£C  "rocefa  to  com- 

reasonable  excuse,   to  issue  a  writ  to  the   sheriff  pej   payment 

of  the    county,   to    levy  the    said  fines    on    the  thereof ; 
goodsand  chattels  of  every  such  delinquent  ;  to  Such  fines  to  go 
be  paid  to  the  overseers  of  the  poor  of  the  town-  to  the  poor. 
sh;;\  where  he  shall  reside,  to  the  use  of  the  poor 
thereof. 

Xf.  A  competent  number. of  persons  shall  be  Juftic*s  and 
.commissioned  by  the  governour,   under  the  seal  ^o^ 
of   the  Territory,   as    justices   of  the    Common  bjifoc 
Pleas  ;  who  shall  hold  and  keep  a  court  of  Jte- 
cord,  in  every  county  1   and  which  shall  bestiled 
and  called,   the  court  of  Common  Pleas  &i  (nam- 
ing the  particular  county)  and  shall    be    holden  To  beheld  foof 
four  times  in  every  year,   in  each  county,  at  the  ,tirn«> 
place  where  the   General  quaricr-scssions  of  the  |"  CVCI7 
peace  shall   be   respectively  kept.     Which  said  * 

H 


justices,  or  any   three  of  them,  according  to 


m.ke  "bench..    lenor  anc'  direction  of  their  comrnisMons,   shall 

hold  pleas  of  asssize,   scire  facias,   replevins,  and 
Their    powers  hear  and  determine  all  and  all   manner  of   pleas,1 

actions,  suits   and  causes,    civil,  personal,   real 

and  mixed,  according  to  law, 

XfL  Every   of  the  said    ustices  shall  and  ares 

hereby  empowered  to  era  u  tun  tier  the  seal  of  iheir: 

Farther  powers  ,•        r  «       •  c  •  • 

of  this  court*      respective  courts,   replevins,  writs  or  partition, 
•writs  of  view,   and   all  other  writs  arid   process^ 
upon  the  said  pleas  and  actions,  cognizable  in  the 
said  respective  Courts,   as  occasion   may  require. 
XV1I+  The  said  justices  of  the  said   respective* 
M&.V  hibpana.      courts,  last  mentioned,   shall  and  are  hereby  em- 
eat  at  its  cuun-  powered   to  issue    forth    subpoenas,'  under  theirs 
*J-  respective  hands  and    seal  of  the  court,  into  £ny 

county  or  place  within  this  Territory,  for  stun-* 
moning  or  bringing  any  person  or  persons  to 
give  evidence  in,  01  upon,  the  trial  of  any  niatter 
or  cause,  whatsoever,  depending  before  th$tn,  oq| 
any  of  them;  under  such  pains  and  penalties  as, 
by  the  rulesTbf  the  common  law,  and  course  oil 
the  practice  ^ofithe  J3ener-al  court,  are  .  usually 
appointed, 

Xf^Ill.   Upon  any'  judgment  obtai^edinany  o 
the  said'courts  of  Common  Pleas,  and  execution 
EtSSSZF*  returned  bY  the  sheriff^  or  cOronorrof  the  pro 
[county,  in  ccr-  per  county,   where  such  judgment  was  obtained 
(tain  cafes.  that  the  party  is  not  to  be  found,  or  hath  no  land 

or  tenements,   goods  or  chattels,  in   that  county 
and  thereupon  it  is  testified,  that  the  party  skulks 
or  lies  hid,  or  hath  lands,   tenements,  goods  or 
chattels   in   another  county,  in  this  Territory  ;  i 
shall  and  may  be  lawful  to  and  for  the  court  tha 
issued  outrsuch  execution,  to  grant,  and  they  are 
_  required  to  grant  an,  alias  execution, 


to 


C  JO 

wrh  a  lestalnm,  directed  to  the  sheriff,  or  cord* 

nor^  of  the  county  or  place  where    such   person 

lies  hid,   or  where  hislands'or  effects    are;   com- 

manding  him  to  execute   the  same,  according  to 

[fhe  tenor  of  such  vmt  or  writs,   and  make  return 

[thereof   to  the  court    of  Common  Pleas    where 

$uch  recovery  is  had  or  judgment  given.     And  if 

the  sheriff,    or  coroner,   to  v\rrom  such   writ    or 

writs  shall  be  diiected,  shad  reruse  or  neglect  to 

execute   and    return    the   same  accordingly,   he 

shall  b6  amerced  in  the  county  where  he  ought  to 

return  it,   and  he  liable  to  the  action   of  the  par-  Penalty  on  (he. 

|ty  grieved  .*.  and  the  said  amerciameuts  shall   be  rtf  °r  coroner 

buly    and  duly  set,  according  to  the  quality  oF0*«lef  l*g  - 

'     .„  ;    ,  ill  execute    iach 

(the    ofrence,   and  estreated,   by  the   prothonota-  procef>  .- 

fries   pf  the   respective  courts  of  Common  Pleas, 

:into  the  next  succeeding  General   court,  or  court  How  lt\  bc 

of  Oyer  and  Terminer,  in  course  ;    that  thence 

[process  may  issue  against  the  offenders,   for  levy- 

ing such  fines  and  ainerciaments  as  shall  be    un- 

tpaid,   to  the  uses  for  which  they  are,  or  shall  be 

(appropriated. 

XIX.  All  suits,  actions  ana  cause's  before  the 
[General  court,  or  the  courts  of  Common  Pleas  and 
general  quarter-sessions  of  the  peace,  that  shall 
[remain  undetermined,  shall  be  continued  over  the  new 
(to  the  next  respective  term,  ensuing  under  the 
[authority  of  this  la>v. 

THK  foregoing  is  hereby  declared  to  he  a  Jaw 
jof  the  Territory  ;  to  take  effect  on  and  from  the 
[fifteenth  day  ot  August,  next  ensuing;  //V  TLS- 
lT/MOi\r  thereof,  y\e  Arthur  St.  CIn/r, 
\Jolin  Cleves  Synnncs  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
kfiixud,  and  signed  the  same  with  onr  names. 

AR.  Sr.  CLAIR, 
JOHN  C\  SYMMES, 


TCRUJTOHY  OF  THE  UNITED  STATES  7 
NORTH-WEST  OF  THE  OHIO. 


A.  LAW  for  the  Llmi^afion  o 
Actions.  Adapted  from  I/to 
Ptnnsyl'saiiian.  code,  <?/*</  pub* 
lisli  ed  a  I  Cincinnati,  tli  e  ten  th 
dtiy  o  Jims,  one  thousand 


Limitation  of 
a£t«o8?«r  of  tref 
pafs  quire  clau- 
fu.-n 


trover 
and  replevin  ; 
of  account  (•>« 
iher  than,  &c.) 
oK  debt  for 
rent,  of  tref. 
pafs,  afliult, 
nicn-ice,    battr» 
ry,  wounding 
and  iuiprifon- 
xuegic. 


A*  Sr.  CLAIR,         by     Arthur     St.  Clair,    goiw- 

JoH*  C.  SY.UUSS,     nour,  and  John  Cleves  S)  mines 

^_1___^  c.W  George  Turner,  /W^ers,  //i 

«/;<:/  oi>er  ///2  said  Territory. 

Sect.    I.    A  LL  actions  of  trespass  quareclausuru 
*:*  fregit,  detinue,   troverand  replevin 
for  tahing  away  goads  and  cattle;   of  accountant 
upon  thscase  (other   than  such  accounlsas  con- 
cern  the-  trade  of  merchandise  between  merchani 
and  merclKint,  their     fac.lors  or  set  van  ts)  all  ac- 
tions ot  debt,  grounded  upon  any  lending  or  con 
tract,  vyUhout  specialty  ;  of  debt  for  arrearages  o 
rent,  oi  trespass,  assault,  menace,  battery,  wound 
ing  and    imprisonment,   or  any  of  them,    whicl 
shall  be  sued  or  bi  ought  at  any  lime,  hereafter 
shall  be  commenced  and  sued  within  the  lime  anc 
limitation  bereft  ft  er  expressed,  and  not  after  (tha 
is  to  say)   actions  upon  the   case,  other    than  fo 
slander,  actions  for  account,  and  actions  for  tres 
pass,  debt,    detinue,     replevin  for  goods  or  catile 
and  actions  of  trespass  qua  re  cLiusiim  fiegit,  with 
in  three  years  ;  omilhin  six) ears,  next  afier  th 
cause  of  such  actions,  or  suit,  and  not  afterwards 
and  actions  of   trespass,   of  assault,  menace,    bat' 
tery,  wounding,   imprisonment,  or  any  of  them, 
within   one  year,  nextafter  the  takingeffect  heie- 
of ;   or  within  two  yeais,  next  after  the  cause  of 
such  actions  or  suit,  ami  -not  afterwards;  and  ao 


upon  the  case,  for  words*  within  one  year, 
next  alter  the  wonlsspokoil,  and  not  afterwards, 
II.  If,  in  any  of  llio  *a'ul  actions  or  niitftt1u'r£- 

men  the  liven  lor  the  plain  tlfl,  and  the  same  be  re- 1{  j' 

r  e  .    .       .  ..    tarrcmi    he    rcfi 

veiscd  by  error;  or  a  verdict  pass  f  nr  thft- |>Jai;Uiir,  VtHvd  forvP. 
and, upon  mailer  alledged'in  arrest  ofjud^mentjthe  ror.  piai.inif 
jn-I'Mncnt  bo  riven  a«»Vmst  the  plainlifr,  that  lie  "^y^ing  frcfli 

i  •          v        i  •       ?  •  •  L vi I       It.  i    f'J»t  i"  ' a 

fa  to  nothing  by  Ins  plaint,  writ  or  bell;  taen,^nci  nionlhs. 
i:i  every  such  ca<o,  the-  party,  plaintiff,  his  heirs, 
Jrs  or  au.mnistraUxrs  (as  the  case  may  re- 
may  commence  a  uew  action  or  suit,  from 
lime,  within  a  yeor  after  such  judgment  re- 
versed or  given  ag-iinst  the  plaiiiliff,  as  aforesaid, 
and  hot  allei  wards. 

Ill*  In  all  actioits  of  trespass   qnare  clausum  jn  aaions  of 
fcc^ir,   hereafter  to  be-  brougat,  wherein  the  de"  irefp«r< 
ten  dan  tor  defendants  shall  disclaim^  in  his  or  their  c^ufum 
plea,  to  make  any   titl>e    or  claim     to  the  land  in  ^p  Betide  " 
which  the  trespass  is,  by  the  declaration,  snppos-  tUc  land,  tic. 
cd  to  be  done  (asid  the  trespass  be  by   negligence,  he  ma.y  len<i«-r 
or  involuntary)  the- defendant  or  defendants  shall  aincn<is» 
be  admitted  to  plead   a- disclaimer,    aad   that   the 
trespass  was  by  negligence-,  or  involuntary  ;arrd 
a  tender  or  offer  of  sufficient  anreads   for  such 
trespass,  before  the  action  brought  i  whereupon, 
or  upon  some  of  them,  the> plaintiff*  or  plaintiffs 
shall  be  enforced  to     oin  issue  rand  if    the    said 
issue  be  found-  for  the  defendant  or  defendants* 
or  if  th*,  pi  aim  iff  or  plain  tiffs  s  ha  11  be  non^stiired, 
the  plain  tiff  or  •plaintiffs  shall  be    clearly   barred 
Irom  the  said  action   or  actions,     and  all    other 
Suits  concerning  the  same. 

IV.  In  all  actions  upon  the  case,  for  slanderous 
woids,  to  be  sued    or  prosecuted  by  any     person  Where,  in  a«* 
or  persons,  in  any  court,  if    the  jury    upon    rri*  jlot|*  foi.llan- 
al  of  the  issue,,    in   such   action,    or  tta  jury 


under  5  dal-       fhat  shall  enquire  of  the  damages,  do  find  or  asses* 

larb,  plantirt  .        ^  .         r  ,    , ,    «      > 

lharrt  recover      the  damages,  under  five-  doliais  ;  V  en  the  plamti;f 

no  more  coiU.     or  piaintilfs,  in  such  action,  shall  have  and  ie- 

coveronly  so  much  costs  as  the  damages  so    gJv- 

en,  or  assessed,  do   amount  unto,  without  any 

further  increase  of  the  same;  any  law  or  usage, 

to  the  contrary,  notwithstanding. 

Pro vifo  favour-       V.   Provided  nevertheless,  That  if  any  person 

ing  minors,  fe-  orpersons,  who  is  or  shall  be  entitled  loanv  such 

me  coverts,  un-         '.  f  i    ..  ,       .    J 

found  minds,  or  -action  or  trespass,  detinue,  trover,  reple*  in,  acu- 
pcrfo«.is  beyocLd  ons  ofaceoun t,or  debt  actions  for  trespass,  for  as- 
feav  or  impri-     Sault,  menac-e,  battery,  wounding  or  Imprison- 
ment, or  actions  upon  the   rasfe   lor  words,  be, 
•or  at  the  timeofany  causeofsuch  aciion,  given 
or  accrued,  fallen  or  come,  shall  be,  within  the 
age  of  twenty  one  years,  .feme-covert  nou  com- 
pos mentis, irnpiisoned  or  beyond  sea;  lhat,  then,' 
such  person  or  persons  shall  be  at  liberty  to  binig 
the  same  actions,  so  as  they  take  die  same  with- 
in such  rimes  as  hereby  before  limited,  after  their 
coming  to,  or  bein^  of  full  age,  discovert ure,  of 
sound  memory,  at  large,  or  ie  turning  into   this 
Territory  .as  other  persons-. 


THE  foregoing  is  hereby  declared  to  be  a  law  , 
,ef  the  Territory  ;   to  take  effect  on  and  froM   the  j 
first  day    of    October,  next  ensuing  :  h\   TES*}  \ 
TYMO'Vr    whereof,     we     Arthur   St.     tlair, 
'John  Cleves   Symmes  and  George  Turner,    have 
caused    the  seal  of  the  Territory    to  be  thereunto 
affixed,  and  signed  the  &<une  with  our  names. 


JO  -IN    C.   SY 
O.  TURNUU 


C    *7  1 
OF  THE  UNITED  STATES  ) 

NOR  i  H-\v^sr  of  TH£  o  :io.        3 

A  LAW  for  the  relief  of  persons 
conscienciously  scrupulous  to 
lake  an    Oaih  in  the  common' 
form.       Adopted    fmm     i!te 
Pennsylvanian  code,  and  pub" 
lished  at.  Cincinnati,  I  he  e/c- 
vetitli  day  of  June,  one  thou- 
sand, seven  Jituidt ed  and  nine- 
M.  ST.  CLAIR,          ly-five;    by  Arthur  St.  Clair, 
Jo  INC.  SY..IME*,      g^ernout     OILd    jolm  Cieves 

G.       fUKNLR.  £  J     r  T 

-  bymmcs  aiid  George  Turner, 

judges,  in  and    over  the  said 
Territory. 

Sect.  I.     A  LL  and  all  manner  of  crimes,  offenc- 
•*•        es,  matters,  causes  and  things,  lo  be 
enquired  of,  heard,  tried  and  detei mined,  01  done 
or  performed,  by  virtue  of  any  law,  or  otherwise, 
shall  and  may   be   enquired   of,   heard  tried  aud   WQW  w*tn(r(fes 
determined*  by    judges,   justices,    witnesses  and  fij-Ju  be   quali- 
inquest,,   And  all  other  persons,  qualifying  them-  6ed, 
selves  according    to  their  co-nscieneious  "persua- 
sions, respectively  ;  —  those   of  fche  people  com- 
monly called  Quakers*   by  taking  Jhe  solemn  af- 
firmation ;    and    those  of  the   persuasions  who 
swear  with   uplifled    hand,   01  bands,    by  taking 
an   oath  in   the    following   words  s   /  A.   B.    do- 
swear    by    Almighty    God,    the   seaither  oj  all 
Hearts,  that  I  will  (and  so  forth)  The  oath  for 

tht-fc  wboiWar 

And  that  as  I  shall  an-   *'l5  Lf1"ied 

swer  to  God,  at  the  Great  L)ay. 

Which  oath,  so  taken  by  persons  who  consci- 
eiiciously  refuse  to  take  an  oalh,  iu  the  comrnqn 


CJi'3 

•form,  shall    be   deemed  and  .taken,   in  law,   to 

have  the  same  effect   with  an  oalh  taken  in  the 

common  form. 

'Pains  am}  Pe          j^  If  any  person  shall  be  legally  c6nvictecl  oj 

Jjalty  on,  fiich      _    -,  .  c  i  CT  ,.'  L   L    i      i 

a«  fralfcij  fwear  takinga  raise  animation    or  of  falsely  swearing 
^or  affirm.  under  the  form   heiein  particularly,   prescribed^ 

he  or  she,  shall  incur  and  suffer  tha  same  pains, 
penalties,  disabilities  and  forfeitures  as  persons, 
•convicted  of  wilful  and  corrupt  perjury,  do  in- 
cur and  suffer  by  law. 

1IL  Provided  always,  Thatnothing  herein  con- 
tained shall  be    held,  deemed    or  construed  to 
Provifo,asto      enable  any  such  person  to   receive,   lake    or    ex» 
oaths  to  govern  erciseany  o-flice,  judicial  or  ministerial,  before  he 
shall  take  the  oath  or  oaths  to   the    government, 
accoulingto  his  conscience,  and  agreeably  to  the 
directions  of  an  act  of  the  United  States,    en  li  til- 
led "an     act  prescribing  the  lime  and  manner  ol 
administering  certain  oaths,"— and  also  the  oath 
of  office. 


THE  foregoing  is  hereby  declared  lobe  a  law 
of  the  Territory  ;.  to  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing  :  IN  TES- 
TIMONY* whereof,  we  Arthur  St.  Clair, 
John  C/eves  Symmes  and  George  lurncr,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed. the^sanae  with  our  names. 

AK.  ST.  CLAIR, 
JOHNC.  >YMM£S> 
G.  TURNER. 


TERRITORY  OF  THE  UNITED  STATES  ? 
NORTH-WEST  OF  THE  OU1O.  J 

A  LAW  for  the  recovery  of  Fines 
and  Forfeitures,  and  directing 
how    the  same  are  to    be   es^ 
treated.       Adopted  from   the 
'Pennsrlvanian  code,  and  pub- 
lished at  Cincinnati,  the  ele- 
venth day  of  June,  one  thou- 
sand, seven  hundred  and  nine- 
AR.  ST.  CLAIR,          ty-five\    by  Arthur  St.  Clair, 
JOH*  c.  SYMMES,      governout%   and    lohn  Cleves 
G.    TURNER.  £  .    _  „-, 

____——      Symmes  and  George  Turner, 

judges,  in  and   over  the  said 
Territory* 

Sect.  I.     A  -LL  fines,  issues,  amerciaments  for- 

^•^  feited    recognizances,     sum     and  Fi-eg,  &c.  ^««- 
sums  of  money  to  be  paid  in  lieu  and  satisfaction  f°  b<" 
of  them,   or  any  of  them,  and  all  other  forfeitures,  ra|  Cow-t  to 
whatsoever,  which,  after  the  twenty  fifth  day  ot  held  in 

August  one  thousand,  seven  hundred  and  nine-  *lngton  ana  ria* 

V-  i     11    i  •  11  r      r  •       t  milton  next 

|  ty  hve,  shall   be  set,  imposed,  lost  or  forfeited  Ierra3. 

i  in  the  General  or  circuit  courts, "or  in  any  o(  the 
!  coiirtsof common  pleas-,  courts   of  General  quar- 
ter sessions  of  the  peace,    or  before  any  special 
commissioners  ofOyer    and  Terminer,    in    any 
'  county  of  the  Territory,  shall,   by   the    ;udges, 
'justices,  pro  t  ho  notaries    and- clerks  of    the  said 
courts,  respectively,  be  certified,  and   estreated 
in  and  into  the  said   General  court  (vix,)  at  the 
term  of  November  next,  in  the  county  of  Wash- 
t  ington,  and  of  October  next,  in   the  county  of 
i  Hamilton,   expressing  the  cause  of  the  loss,    the 
court,  rhe  nature  of  the  writ,  and  names-  of  the 
parties  between  whom  the  said  issues  and  amer- 
ckmeuts  are  lost. 

I 


IT.  All  fines r  issues,  amerciam>3nts,  forfeit 
J  *  recognizances,  surn<  and  sumo  of  money  to  be 
paid  in  lieu  or  satisfaction  of  them,  or  any  of 
them,  and  all  other  forfeitures,  whatsoevei,  a- 
rising  in  any  of  the  said  courts,  from  the  said  Oc- 
tober and  November  terms  of  the  y  ear  one  thou- 
sand, seven  hundred  and'iiinety  five;  shall  be, 
and  are  hereby  orcjained  and  required  to  be  cer- 
tified and  estreated,  in\  and  into,  thesaid  Gene- 
ral court,  vrz.  at  Cincinnati;  oil  the  fiist  day  of 
the  teim  of  the  said  court,  there  to  be  held,  0*1 
the  third  Tuesday  of  March,  in  every  year;  and 
from  the  said  term  of  March;  to  the  first  day  of 
the  term  of  the  said  court,  tote  held  at  Maiietta, 
on  the  third  Tuesday  of- October;  yearly  and  e- 
very  year;  on  pain  thatevery  officer  or  minister 
of  or  belonging  to  the  said  courts,  or  a,ny  oflhem, 
who,  by  'this  or  any  other  law  ought  to  make 
certificates  or  estreats  of  any  of  the  said  fines,  is- 
n  de»  sues,  amerciaments  and  forfeitures,  making  de* 
fault,  or  offending  therein,,  shall  forfeit  and  pay 
eighty  dollars  for  every  such  default  that  shall  be 
made,  in  certifying  and  estreating,  as  aforesaid; 
the  one  moiety  to  the  Territory,  and  the  other 
moiety  to  such  person,  orpeisons,  as  will  sue 
for  the  same  ;  to  be  recovered  in  any  court  of  re- 
Cord,  by  action  of  debt,  bill  or  information, 
•wherein  no  essoin,  protection  or  wager  of  law, 
arid  but  one  imparlance  shall  be  allowed, 

III..  All  the  clerks    of  the  peace   shall   make 
Duty  jerei*  of  ancj  ^e\[ver    yearly,  to  the  sheriff  of  the  respec- 

cievksofthe          .  }    <  ,       '     ,  .  r  .,  r    . 

peaoe.  live  county,  where  the  sessions  of -the  peace  is 

or  shall  be  kept,  within  ten  days,  after  me  twen- 
ty filth  day  or  August,  in  every  year,  a  true  and 
perfect  estreat,  or  schedule,  of  all  fines,  issues, 
amerciaments,  forfeited  recognizances,  sum  and 


[<•  X 

sums  of  money,  smoother   forfeitures,  whatsoe 

!ver,  which  shall  happen  to»be  imposed,  set,  lost, 
or  forfeited,  in  any  of  the  said  sessions  'of  ihe 
peace,  respectively;  which  shall  beheld  before 
the  first  day^of  September,  by  or  upon  any  per-? 
son  orpersons,  whatsoever,  due  to  ihe  Territory. 

IV.  And  also,  shall  yearly  and  every  year,  on, 
or   before  the  third  Tuesday  of  October,   make' 
and  ;deliver  into  the  said   General  court,  or  cir- 
cuit ^burt*  (which  shall  first  sk)  a  true  and  per*! 
feet  duplicate,  certificate  and  estreat  of  all  the1 
schedules  so  delivered  to  the  said  respective  she- 
jiffs  5  that  so  they  may  be  charged  with  the  mo- 
ney levied  and  received  by  them,  respectively^ 
upon  such  schedules,  delivered  as  aforesaid  -5  on 
pain  that  every  person  and    persons,  offending 
herein,  for  every  such  default  or  failure  made  shall 
forfeit  and   pay    the  sum  of  eighty  dollars;   the 
one  moiety  to    the  Territory,  and  the  othei  moie- 
ty to  such  person  or  persons  as  will  sue  for  the 
same,  to  be  recovered  as  aforesaid. 

V.  The  judges  of  the  said  General  court  shall  ^Territorial 
award  process  for  levying,  as  well  of  such  fines,  judges  to  award 
forfeitures,  issues  and  amerciamentsas   shall   be  Proccfs  for  l«- 
fcstreated  into    the    General  court,  as  of  all  the  v*inSe 
fines,  forfeitures,  issuesand  amerciaments  which 

shall  belost,  taxed  and  set  there,  and  notpaid^tQ. 
the  uses  to  which  they  shall  be  appropriated. 

VI.  No  judge,  justice,   officer    or  minister  oft.. ^  ffi 

or  belonging  to  any  of  the  said  courts,  nor  any -^bftcvcr  /hall' 
prothonolary  or  clerk  of  the  said  general  or  other  fparc.  conceal, 
courts,  clerk  of  the  peace,  nor  any  officer  or  mi-  &c.indiaments 
nister  under  them,,  or  any  of  thorn/   nor   other  J^'I'  cllre*ts> 
person  or  persons,  whatsoever,  shall  spare,    take 
off,  discharge,  or,  wittingly  or  willingly,  conceal 
any*  indictment,  fine,   issue,   amgrciatncnt, 


felted  recognizance,  or  other  forfeiture,  whatsoe- 
ver, exhibited,    set,  imposed,  lost  or  forleiledr 
in  any  of  the  courts  above  mentioned,  or  before 
any  of   the  judges,  justices  or  commissioners,  of 
or  belonging  to  the  same;  or  any  sum  or   sums 
ofuionev  paid,  or  to  be  paid  to  any  officer  or  of- 
ficers,, in  lieu  or  satisfaction  of  any  fine  or-  forfeit- 
ures;  tulles*  it    be  by  rule,  or  order    of  court, 
•where  such  indictment,  fine,  issue,  amerciament, 
forfeited  recogni/ance,  or  other  forfeiture,  is  or 
shall  be  exhibited,  set,  imposed^  lost  or  forfeited: 
nor  shall  an.)  of  the  said  judges,  justices,  oihcers 
or  minisLeis,  aforesaid,  or  any  other,  wittingly  or 
K«r-mTrVertify  will  inglv,  miscertify  orestrealiaorin.ro  anyofthe 
fcte  feme;          said  General  courts,  or  circui  courts,  any  A'ne,  is- 
sue, amerciament,  foi  felted  iecogn;zarie,  or  other 
h»rremue  whaisoever,  whereby  tlie  process  of  the 
said  General  court,  or  circuit  court,  for  the  levy- 
ing thereof,  may  be  made  invalid  and  of  none  ef- 
fect :  but  every  such,  judge-,  justice,  officer  or  mi- 
Op  p*Tn  of  foi\,  nister,aad  all  &  every  other,  person  and  persons,  ok 
fending  herein,  shall,  for  every  such  offence,  for- 
feit and  pay  treble  the  value  of  such  fine,  issue, 
amerciament^    forfeited    recognizance,  sum    or 
sums  of  money,  or  Oliver  forfeiture,  so    spared, 
taken  off,  discharged,  concealed,  not  certified  or 
esrreated,or   miscertified  or  estreated,  as  afore- 
said:   the  one  moiety   thereof  to   the  Territory, 
and  the  other  moiety  to  such  person  or    persons 
as  will  sue  for.  the  same*   to.  oe  recovered  as  a- 
ioresaid. 

VIL  All  cterls  andprollionataries  of  the  said 
court,  rleiks>  of  the  peace,  ajid  crthersr  to  whom 
it  belongs  to- make  return  ef  estieats,    inlo  ihe 
Sdid  General  court,  shall  deliver  in  all  and  ever 
aucliesti.eat  and  estieats^  upon  their  oaths,  or 


fi  fmalions  lo  be  administered  by  one  or  moreo 
rhe  jud'jes.  or  justices  i-f  llit  sainexourt,  to  the  ef-  a*ti»*rito«  ef! 
fee  t  lo'  owing-;  that  is  losay:  jo«  A.   /?.  dedaie,  trea«  iuto 
///#//     *se  estreats*  now  by  you  delivered,  are  truly  court. 
e/;<7  CL.  re/ ullY  made  up  and  examined  ;  and  that 
all  fines,    issues^    din  ere  laments,   recognizances 
and  forfeitures,  which  were  set,  lost,  imposed  or 
Jorfeiled,  and*   in  right   and  due  course  of    Iaw9 
ought  lo  beestrealed  in  the  General  court,   ot 
circuit  court  (as  the  rase  may  be)  are^  to  the  best 
of  your   knowledge   and  understanding,    he/ein 
contained;  and  that  in  the  same  estreats,  are  al- 
so contained  and  expressed  all  FUC/I  fines  and  a- 
mercianienls  as  have  been  paid  into   the   court 
from  which  the  said  estreats  are  made  ;   without 
any  wilful  or  fraudulent  discharge,  omission,  mis-  TerrUorial^ 
nomer  or  defect,    tc  lciso< c  er..  du^Vs  to  ef! 

VIII'  Any  of  the  judges  of  the  said  general  or  tre7tr*i°iVic 
circuit  courts,  <ihall  view  all  thesaid  estreats,  and  to  parties  ag- 
cause  their  clerks  to  enrol  them  in  the  said  courts  ; 
and  shall  hear  and  determine  all  complaints 
brought  before  t  ie  said  courts  concerning  immo- 
derate fines,  issues  or  amerciamentc, -estreated,  as 
aioiesciid,  and  giveiehef  to  the  party  grieved,  as  circuit 
ihehvv  in  sue  h  cases,  doth  or  shall  direct.  may  proceed  to 

IX.   V\  here  an}  fine  or  fines,  sum  or  sums  of  c«mraand    P*7- 

,  ,  ,        rp,  mcnt  of  cftreatf 

money  or  other  forfeitures,  due  to  the  Terruory,  trom  othccrt. 

after  the  said  first  day  ofSeptember,  *hall  be  paid 

lo  any  sherellf   cleik,  or  other  officer  or  minister, 

•whatsoever,   belonging  to  any  court  or    courts; 

and  be,  according  to   the  intent"  and  directions  of 

this  law,  certified  and  estreated  in  or  in  to  the  «aifl 

General  court,  or  circuit  court;  then,  and  in  such 

case,  process  or  citation  shall  issue  out  of  such 

court,  directed  to  the  sheriff  or    coroner  of  the 

proper  county  (as  the  cas>e  may  require)    against 


such  officers-and  .other  persons,   to  wnnm 
fines,  sum  orsums  of  money,  or  other    forfeiture 
is  or  shallbe.so  paid,*  for  levy  ing  arid  receiving  the 
same;  that  SD  it  may  appear  on'  je turn-  of  such 
process  or  citation,     when,'  to  wh6m,    and    hoyv 
jEftreatt  to' be    suc\l  aionies  are  received,  answered4  aiad  paid, 

paid  to  the  -v      AII  i  •  j     *  '          r 

treafurer  of  the       -*•  All  and  every  the  said  lines,  sums  or  ,*no- 
Tcrrhory,  (ex-  ney,or  other  forfeitures  (except  such  as  may,  by 
ccpt  &c.)  who  lavy9  be  appropriated  to  other  purpose^)  which, 
th*  governor;0  ^rom  henceforth,  shall  be  levied  or  Deceived',  ac- 
and  judges.         cording  to  the  'intent  and  directions  of  ..this  law, 
shall  be  paid  by  the  sheriff  (or  other  pfiieer,  or 
minister,  who   levied  or  received    the  same)  to 
such  person  a-s  the  governour  shall,  from  time  to 
linie,  appoint  treasurer  .of  the  Territory  :  N\vho 
shall  pay  the  same  to  the  uses  to  which  tney  are, 
or  shall  oe,  appropriated :    and*  the  said  treasur- 
er shall,  from  time  to  time,  lay  an  account   there* 
of  before  the  governour  and  judges  in  their  legis- 
Perfoni  ap-       lative   capacity,  at  their  next  session;  and    shall 
pointed  to  iflue  deduct  five  per  centum,  for  his  trouble  in  paying 
licenies,  to  ccr-  a  d  receivin£  the  same, 

tify   thofe  they         vr     „,*        °  , 

iflue  to  the  A!»  ifhe  person,  or  persons,  \vhoareor   may 

trcafurcr.  be.empowered  to  issue liccnses,'/or  keeping  publi^ 
JJioqse.s.and  selling  wine,  and  other  liquors,  in^i- 
ny  town  or  place  of  the  Territory,  shall  'keep  a 
true  and  just  account  of  all  the  said  licenses,  ex- 
pressing the  time  when  the  person's  names  to 
cm  ne-  whom  the  same  were  granted,  and  where  they 
live:  and  shall  certify  the  same  to  the  said  trea- 
'  surer,  once,  in  every  half  year,  yearly  and  eve- 
jry  year;  upon  pain  of  forfeiting  and  paying  the 
sum  of  fifty  dollars,  for  every  such  default,  or  neg- 
lect, in  that  behalf;  the  one  moiety  thereof  to 
the  Territory,  and  the  other  moiety  to  hir?  pr 


that  will  sufe  for  the  saine;  to  be  recovered 
as  aforesaid. 


THE  fofegoing  is  hereby  declared  to  be  a  law,- 
of  the  Territory  ;  to  take  effect  accoidingly  :  /jV 
TfLSTlMUhf  whereof,  we  Arthur  Sf.  Clair 
John  Cleses  Symmes  and  George  Turner,  havfc 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  wilhour  names. 

AR.  ^Tj 


JOHN    C.  SYMtffiS 
G.  TURNER. 


TERRITORY  OF  THE  UNITED  STATES  > 
NORTH-WEST  OF  THE  OHIO.-        f 

A  LAW  ascertaining  and  regu- 
lating the  Fees  or  the  several 
Officers  and  persons  therein 
named.  Adopted  from  the 
Sie\i-York  and  Penny  Iranian 
__  codes  \  and  published  at  Cmcin- 

AR.  s  T  ;  CL  A  t  R,-        na  li  ,  th  e  sixteenth  day  ofJiui  e, 
JOHNC.  SYMMBS/     one    thousand,  seven  hundred 
-      TuRNSa'  -     and  ninety-five;  by  Arthur  St, 
Clair,    governour,*  and'  John 
Gleves    Symmes    and  George 
Turner,  judges,    in  and  aver 
the  said  Territory. 

Sect,  I.  TVT  O  officer  or  person  shall*  at  any  time, 
•^  exact  or  demand,  for  .services 
Hereafter  to  be  rendered,  any  larger,  or  other  lee 
than  as  hereinafter  is  provided,  other  than  such 
as  may,  by  any  future  law,  be  allowed,  viz. 
1L  Itu'uedetieral  coutt\  judges  Jees\  for  allow- 


Judges' fees  in     "?6  a  Wr*t  °^  error<  s*xtY    tvvo  an^  a    half 

the  General       for  every  supersedea-s,    thirty   seven  and  a  half 
court.  cents,  taking  bail,  thirty  seven  arid  a  half  cents: 

filing  every  ^bail-piece,    or  recognizan.ee,  twelve 
and  a  half  cents:  signing  every  writ  of  habeas, 
corpus,  procedendo,    certiorari   or  prohibition, 
thirty  seven   and  a  .half  cents:   confession    of  a 
judgment,  out  of  court,  thirty  seven  and    a    half 
cents:  takingan  affidavit,  twelve  and  a  half  cents;! 
admitting  a  consellor  at  law  oran   attorney,  one 
dollar  and  twenty  five  cents  ;    to  be  paid  to  the 
judge  or  judges,  present  at  the  admission',  the 
judge  licensing  a  counsellor  at  law,  or  an    attor* 
ney,  three  dollars  and   seventy   Jive    cents:  fax-' 
in*  a   bill  of. costs,  seventy   five  cents  :   signing 
judgment,  twenty  five  cents:    in  every  cause,  to 
be  paid  on  the  firstmotion,  unless  criminal,  sixty 
two  and  a  half  cents;  to  be   divided  among  the 
judges  :    attending  on  ballatting  or  striking  a  ju-j 
ry,  or  both,  sixty  two  and  a. half  cents:  every  at-; 
tendance,  on  motion  or  argument,  or  special  mat- 
ier,  at  his  chambers,  and  on  examining  a  witness, 
sixty  two  and  a  half  cervts  :    every  certificate,  or 
order,  upon  a  law  for  relief  of  insolvent  debtors, 
thirty  seven  and  a  half  cents:    every  warrant,  or- 
der, report  or  certificate  upon  the  law  relative  to 
absconding  lebtors,  thirty  seven  and  a  half  cents  if] 
every  appointment  of    trustees,   thirty  seven  and 
a  half  cen  ts  ;    taking  the    acknowledgment  of  a 
deed,  fifty.cents  :   every  justification  or  allowance 
of  bail,   thirty  seven  and  a  half  cents. 

^*    ^ie  af^orney"gerieralt^  fees  in  the  Gene- 
ral court.     Entering  every    cessat  processus  or 
nolo  prosequi,    for   each     de/endant,    sixty  two 
and    a  half  cents  : 'every  process  or  indictment, 
or  olher  common  wit,,  per  sheet,  eighteen  cents; 


C  67  ]  > 

drawing  every  indictment  or  information  gene- 
Iral,  seventy  five  cents:    copying  and  engrossing 
fthe  same,  fifty  cents:  drawingall  special  indict- 
Inients  and    pleadings,   per   sheet,  seventy  two 
fwords  to  a  sheet,  eighteen  cents:  a  copy  thereof 
jper  sheet,  as  aforesaid,  ten  cents:    every  .motion 
I  in  court,  sixty  two  and  a  halfcenls:  fee  on  trial, 
I  demurrer,  special  verdict,  or  in  error, or  in  pleas 
[confessed,    tnree  dollars:  every  warrant,  to  ac- 
fknowtedge   satisfaction  on    record,  seventy  five 
[cents:    for  the  trialofevery  capital  cause  where 
[life  is  concerned,  eight  dollars  :  for  the  whole  pro- 
secution, except  drawing  the    indictment  or  in- 
formation, for  the  trialofevery   other  matter  by 
bill  of  indictment  or   information,    five   dollars: 
and  if  the  defendant  shall,  by  habeas  corpus,  cer- 
fciorari,  or  otherwise,  remove  any   indictment  or 
[information  from  any   court    of  General  quarter* 
I  sessions  before  the  judges  of  the  General  court, 
I  the  attorney  general  shall,  for  his  services  in  draw- 
ing the   indictment  and    prosecuting  the   same, 
have  the  sum  of  eight  dollars  :  on  all  other  pro- 
ceedings, the  like  fees  as  are,  hereinafter,  allov/ed 
for  the  like  services  to  practitioners  in  the  General 
court. 

IIL  Counsellors'  *r  allornies*  feesin  the  General  Counfel  and  at-1 
•court.  For  retaining  fee,  tliree  dollars  and  fifty  «orn'es' fce  *ia 
cents;  but,  where  several  suits  are  brought  upon 
one  bond,  or  note,  no  more  than  CRC  retaining  fee 
srvall  be  allowed:  warrant  of  at'oniey,  twenty 
eight  cents  :  drawing  all  processes  and  returns, 
Iwelve  and  a~half  cents  :  every  term  fee,  seventy 
five  cents :  bnt,  no  more  than  three  to  be  allow- 
ed, unless  the  parry  caused  that  term's  delay,  for 
which  il  is  charged  :  drawing  bonds  to  prosecute, 
affidavits,  pleading*,  Adjournment*,  suggestions, 

K 


£68] 

and  other  necessary  en  tries,  each  sheet  of  seven- 
ty two  words,  eighteen    cenls  :';copies  on  paper* 
six  rents,  per    sheet:  every  motion,   sixly    two 
and  a  half  cents  >  arguing  every   special  motion, 
one  dollar  and  twenty  live  cents  :  fee  on  trial,  or 
inquest  in  error,   one  dollar  and  fifty  cents  :  serj 
vice  of  a  declaration  in  ejectment,  the  same  as  ser- 
vice of  process  by  sheriff",  fee  for  arguing  of  de-j 
jnurrer,  or  special  verdict',  stieh  sum  as  shall   be  j 
allowed  in  the  discretion,  of.  the  judge  who  shall 
laxcosts:  a  brief  and  copy,  or  copies  thereof,  one 
.dollar  and   twelve  cents:  drawing    up  the  judg- 
ment,   seventy  five  cents:  every  continuance, 
eighteen  cents:  drawing-  a  nolo  prosequi,  or  re-j 
Iraxit,  thirty  seven  and  a  half  cents  :  entry  thereof, 
eighteen    cents:    every    notice  and  copy,  thirty 
cents  :    attendance  on  ballotting  or  strikinga  juH 
ry,  or  both^.sixty  twoand  a   half  cenls:   oh   exa- 
mining a  witness,  fifty  cents  :•  on«  taxing  a  bill, 
twenty  five  cents:  on  giving  or  excepting  to  bail, 
twenty  five  cents  :  attending-a.judge,*  on    other 
ordinary  servicej  twenty  five  cents  :  service  of  no- 
lice,  every  notice  or  rule;  eighteen  cents  :  'service 
of  copy  of  the  declaration  and.  rule  to  plead,  eigh- 
teen cents:    copy   bill  of  costs  to  be  taxed,  deli- 
vered to  the  opposite  party,  thirty  seven  and  a  half 
cenls,  if  before  issue  joined.  or  judgement;  but  if 
afterwards,  seventy  fivecentsv 

IV  The  clerk-  of  the  GeneraUourt's'/ee-s  in  ci- 
°  vil  causes:     For  sealinga  wiit^  enlering  the  same, 


CODS 

fees,  in  civil       filing  ticket  and  entering  on  the'  docket,  twenty 
caofcs.  e\g\it  ccnts!  filinga  declaration,  twelveanda  half 

cents:  enlering  an  appearance,  twelve  and  a  half 
cents  filing  all  oilier  pleadings,  each,  twelve  and 
a  half  cents:  entering  every  rule,  eighteen  cenls: 
swearing  and  cingannelinga  jury,  twenty  eight 


cents:  the  return  of  a  writ  and  filing  the  same, 
twelve  and  a  half  cents;  swearing  each  witness, 
six  cents:  swearing  a  constable,  six  cents  :  read- 
ing each  writing,  ^on'evidence,  twelve  and  a  half 
cents:  filing  the  roll,  twelve  and  a  half  cents: 
taking  the  jury's  verdict,  and  entering  the  same 
in  the  minutes,  eighteen  cents;-  special  verdict, 
drawing  or  engrossing,  twelve  and  a  half  cents, 
per  sheet:  entering  judgment,  twenty  eight 
cents;  a  retraxit  or  discontinuance,  twelve  and  a 
half  cents-:-  copies  of  records,  or  the  pleadings, 
per  sheet,  each  sheet  containing  seventy  two 
words,  twelve  and  a  half  cents:  al tending  and 
striking  a  special  jury,  and  delivering  a  copy 
thereof  to  each  party,  seventy  five  cents:  filing 
an  affidavit,  or  other  paper  on  request,  ninecents: 
entering  satisfaction  on  record,  eighteen  cents  14 
searching  the  records  within  a  year,  eighteen 
cents  ;  and  for  every  year  back,  sixcents- 

V..  In  criminal  causes ^  where  the  services  are 
done  at  the  request  of  the  defendant;  or  where 
he  enters  a  nolo  contendere ;  or,  on  voluntary 
composition,  has  his  fine  mitigated;  or  where 
the  service  is  for  the  case  and  ad -/an  tage  of  the  de- 
fendant, or  prisoner;  or  by  order  ot  the  court  ij 
for  every  appearance,  twelve  and  a  half  cents: 
the  discharge  oftfnyperson  upon  bail,  twelve  and 
a  half  cents  :  every  imparlance  to  an  indictment, 
twelve  and  a  half  cents  :  drawing  process  against 
any  person  upon  an  information  or  other  pro- 
cess, forty  fourscents:  the  plea  to  an  indictment 
or  information,  six  cents:  reading  the  indict- 
ment, information  or  record,  six  cents:  swear- 
ing every  witness,  on  trial,  six  cents:  engrossing 
Judgment  on  information,  eighteen  cent5 1  res- 
piting every  recognizance,  nine  cents:  raking  a 
recognizance,  fiity  six  cents,  and  entering  there- 


of:  copies  of  all  indictments,  informations  and 
pleadings,  per  sheet,  each  sheet  seventy  two 
words,  twelve  and  a  half  cents:  relinquishing, 
a  plea,  twelve  and  a  half  cents:  a  submission, 
twelve -and  a  half-  cents:  judgment  thereon, 
twelve  and  a  half  cents  :  a  copy  of  the  traverse, 
twelve  and  a  half  cents  :  every  subpoenafor  four 
•witnesses,  or  under,  twenty  eight  cents:  every 
witness  more,  six  cents;  every  order  or  rule  of 
court,  eighteen  cents ;  a  copy  of  a  rule  of  court, 
twelve  and  a  half  cents:  taking  and  copying  eve- 
ry special  verdict,  per  sheet,  each  sheet' contain- 
ing seventy  two  words,  eighteen  cents:  for  the 
allowance  and  recording  a  warrant  of  nolo  pro- 
sequi,  or  cessat  process  us,  fifty  cents, 

Clerk  of  the  ™*  Fees  for  the  clerkof  the  circuit  courts.  For 
circuit  court's  entering  in  the  judge's  book,  every  cause  to  be 
fees,  in  civil  tried,  thirty  seven  and  a  halfcents:  filing  every  ni- 
caufe*.  sj  prjus  record,  thirty  seven  and  a  halfcents:  en- 

tering every  rule,  eighteen  cents  :  swearing,  and 
empannehnga  jury,  twenty  eight  cents;  enter- 
ing confession  of  lease,  entry  and  ouster,  eighteen 
ceri  ts  :  swearing  each  witness  and  swearing  a  con- 
stable,   each,    six  cents:  reading  eyerydeed  or 
piece  of  written  evidence,  tw  el  ve  and  a  half  Cents: 
filing  a   bill  of  exceptions,  or  demurrer,   each, 
twelve  and  a  half  cents:  copies   thereof,  nine 
cents  per  sheet;  calling  plaintiff  and  entering  his 
default  or  appearance,  twelve  and  a  half  cents: 
taking    a   verdict  and  entering  it1  in    minutes' 
twenty  eight  cents  :  returning  every  pbs tea,  se- 
venty five  cents:  entering  every  nonsuit,    eigh- 
teen cents;    entering    default  cf  juror,  and  dis- 
charge of  others,  eighteen  cents. 

HI»  fees  in  cri-       WI   In  criminal  causes;  the  same  fees  as  are 
nr.nai  caufcs.     before  allowed  to  I  lie  clerk  of  the  General  couxt, 


C  7i  T 

and  under  the  same  restrictions  :  and  if  he  .pro 
secute  for  the  United  States,  the  like  fees  as  are 
before  allowed  to  the  attorney  general. 


court. 


The  sheriffs'  fees  in  the  General  court:  Sheriff**  feei  la 
serving  a  writ,  fifty  six  cents  ;    every  mile,  six  r 
cents,  to  be  computed  from  the  place  of  holding 
the  court  :    bail-  bond,  thirty  seven  and  a   half 
cents:  returning  a  Writ,  twelve  and  a  half  cents  :« 
summoning  a  jury,  one  dollar  and  twenty   five 
cents  :    serving  an  execution  for  or  under  three 
hundred  dollars,    per  each    three    dollars,    six 
cents;   and  for  every  three  dollars  more,    three 
cents:    the  allowance  to  the  sheriff  on  fieri  fa- 
cias, or  other  writs  for  levying,  monies,  to  be 
taken  only  on    the  sum  levied  (that  where  any 
sheriff  shall  levy  or  receive  any  debt  or  damages 
and  costs,  actually  previous  to,  or  without,   an 
actual  sale  of  the  lands,  goods  or  chattels  seized 
or.  taken,  he  shall  be  entitled  to  no  more  than 
one  half  of  the  allowance,  on  each  three  dollars 
mentioned  in  this  law,  in,  all  cases  where  such 
debt  or  damages  and  costs  shall  exceed  the  sum 
of-  three  ,  hundred   dollars)  ;     serving     a  writ 
of    possession,     without    the    aid   of    the  pos- 
se   cbinitalus*    one    dollar    and     twenty    five 
cents;    with    the   aid  of    the  poss<2   comilatus, 
three    dollars  and  seventy    five    cents:     ev^ry 
mile  from:  the  court-house,  six  cents:    forsum- 
moninga  grand  jury,  three  dollars  :    executing  a 
criminal,  seven  dollars  and  fifty  cents  :     making 
a  list  of  freeholders  to  strike  a  jury,  three  dollars 
and  seventy  five  cental  ^serving  a  sciie  facias, 
and  return,  sixty    eight  cents  :     every    person 
committed   to   prison,   thirty  seven  and*  a  ^  half 
cents;  the  discharge  of  every  person  out  of  pri- 
son, being  committed,  thirty  seven  aii'd  a  hal 


[72] 

cents  :  bringing  up  a  prisoner  by  naoeas  corpirs, 
in  civil  cases,  one  dollar  rnd  iifty  cents :] 
every  mile  from  the  place  of  taking  him,  six 
cents:  executing  a  \vrit  of  enquiry,  and  re- 
tsirning,  one  dollar  and  fifty  cents:  attend-' 
ing  a  view  in  the  same  county,  per  day,  0113 
dollar  and  eighty  seven  and  a  half  cents:  the 
like  in  a  foreign  county,  one  dollar  and  seventy- 
five  cents,  per  day  r  attending  with  a  prisoner 
before  a  judge,  on  his  being  surrendered  by  his 
bail,  ajid  for  receiving  the  prisoner  into  custody, 
or. e  dollar  :  for  summoning  a  jury,  on  forcible 
entry  and  detainer,  tluee  dollars  and  seventy 
live  cents:  serving  a. writ  of  restitution,  besides 
a  milage  fee  of  six  cents,  per  mile,  one  dollar 
and  eighty  seven  and  a  half  cents  :  copy  -of  every 
writ,  eighteen  cents:  serving  warrant  of  at- 
tachment, taking  into  custody,  &c.  so  much  as 
the  judge  who  issued  the  warrant  &hall  cer- 
tify, 

fees  in  ^-  The  Cryers  fees  in  the  General  court. 
-General  co*rt.  For  calling  every  action,  nine  cents;  calling 
a- jury,  twelve  and  a  half  cents  ;  swearing  la  wit: 
ness,  six  cents;  calling  every  verdict,  nine  cents: 
dischaiging  every  person,  by  proclamation, 
nine  cents  :  calling  the  plaintiff,  on  nonsuit,  nine 
cents '-calling  a  defendant,  on  recognizance,  nine 
rents  •  calling  a  default  nine  cents  :  ringing  the 
bell,  each  action  hi  com  t,  twelve  and  a  half  cents,! 

X.  Jury  fees  In- the  General  court.     Every  ju- 
Juror  s  tfes   in  /   J        \          ,.•  i  •    i      i       • 

court.        ryman,  for  each  action  on  which   he  is  sworn 

as  a  juror,  twenty  five  cents.,  every  juror  coin- 
ing to  and  attending  a  view,  and  reluming,  per 
day,  seventy  five  rents-,  every  juror  atlending 
court  from  a  foreign  county,  coming  and  return* 
ing,  per  day,  fifty  six  cents, 


t  733 

The  fees  to  be  allowed  Jor   witnesses  sum±   pfcs  »0  witnef- 
moncdin  I  lie  severel  courts  ,  and  charges  foi  sum'  fe,  inth«  feve- 
moning  them.     Each  witness  attending    in   his  ral  tourts,  anH 
oWn    county,    on  trial,  twenty  live  cents,     per  ^JummoniDg 
day  :  attending  ftom  a  foreign  county,  and  coin- 
ing   and    returning,    per  day,  fifty  six    cents  r 
eath  witness  subposna'd  in  the  county,  and  de- 
tained from  a  foreign  county,   per   day,   fifty  six      , 
cents:      serving  subpoena    on     each     witness, 
twelve  and  a  half  cents  :    to  a  witness  on  a  du- 
ces  tecurn,   coining  from  a  foreign   county,   at- 
lending,  and   returning  per  clay,    fifty  six  cents  :/. 
except  for  the  judge  of  probate  or  clerk  of  a  court, 
attending  in  a  foreign  county,  with  wills,  records, 
or   other  paper  evidence*    on     subpoena,  one 
dollar  and  sixty  six  cents,  per  day.. 

XII.  Surveyors'  fees*  For  going  to  and  retuin-  survevor's  fee* 
ing  from  a  view,  per  day,  one  dollar  and 
twenty  five  cents,  thirty  miles  per.  day:  his 
actual  service,  per  day,  on  the  view,  one  dollar 
and  fifty  cents  :.  for  going  to,  attending  the 
court,  on  trial,  and  returning,  per  day,  one  dol- 
lar and  twenty  fiye  cents, 


XIII,,  The  justices'  fees  in  the  court  of  com- 

•  .  <n          M      --V    .  -:*   •     j  /      J  > 

monpleas.   rorall  actionsin  thecourtof  common  their  icc«. 
pleas,   thirty  seven  and  a  half  c^nts  :  signingeve- 
ry  judgment  of.  court,   twelve  and  a  half  cents  : 

I  taking  bail,  twenty  five  cents  i  acknowledging 
satisfaction,  on  record,  nine  ceaxs;  taxing  and 
signing  a  hill  of  costs,  t  wen  ty  fiv.t  cents  ;  proof 
or  acknowledgment  of  a  deed  before  the  judges 
of  the  coin  t  of  common  plea?,  ihiny  seven  and 

la  half  Cen  h  ;  for  admitting  and  licensing  an   at- 
torney, \iM  (he  fees  in  f.ucii  cases  allowed  io  the- 
judges  ot  the  (J  en  eral  court 


C  74  j 


XI F.  Fees  of  justices  of  the  peace,  in  or  out 
of  sessions*     For  every  warrant  in  criminal  cases, 
eighteen  cents :  on  every  trial  of  forcible  en  try  or 
detainer,  two  dollars  and  fifty  cents  :  every  pre- 
cept in  forcible  entry  or  detainer,   thirty   seven 
and  &  half  cents ;  every  bond,  or  recognizance 
twenty  five  cents:  administering  an  oath,  twelve 
and  a  half  cents:    every  certificate,  -or  order  up- 
on att  for  relief  .of  insolvent  debtors,   thirty  seven 
and  a  half  cents.:    every  warrant,  order,  report, 
or  certificate,  upon  an  absconding  act,  thirty  se- 
ven and  a  half  cents  :  every  appointment  of  trus- 
tees, thirty  seven  and  a  half  cents., . 

Atlornies' fees  in  the  court  of  common  pleas. 
Attomies*  fees  Warrant  of  attorney,  twelve  and  a  half    cents: 

in  common  •  r 

lcas  every  necessary  motion,  twenty  rive  ceiUs  :  draw- 

ing every  declaration  and  all  other  pleadings,  per 
sheet,  each  sheet  containing  seventy  two  words, 
at  twelve  and  a  half  cents  :  every  copy  thereof, 
six  cents,  per  sheet:  drawing  every  notice  of 
trial,  copy  and  serving,  twenty  eightcents  :  co- 
py for  the  judge,  and  serving,  fifteen  cents  v 
brief  for  trial  and  copy,  seventy  five  cents  rat- 
tending  a  judge,  on  taxing  costs,  or  other  ne» 
cessary  business,  twenty  five  cents. 

XP.  Fees  for  the  clerk  of  the  sessions.  For 
CVrk  of  ief.  taking  a  recognizance,  and  drawing  it  up  in  form, 
fiuns,  bis  Tees,  thirty  seven  and  a  half  cents;  to  be  paid  to  the 
clerk,  or  oilier  person  who  does  .the  service  : 
drawing  every  indictment,  and  engrossing  ih.e 
same,  fifty  six  cents  :  receiving,  filing  and 
reading  the  same,  eighteen  cenls:  subpoena  for 
each  witness,  six  cents  :  a  venire,  or  other  writ, 
eighteen  cents  :  entering  defendant's  appear 
"ance,  nine  cenls  :  an  execution,  tweuly  live 
cents;  innLing  up  the  record,  twelve  and  a 


TiaH  cents,  perslieet :  copy  thereof,  six  cenfe, 
per  sheet,  at  seventy  two  words :  every  order  on 
rule  of  court,  nine  cents:  entering  aoolo 
prosequi,  or  cessat  processus,  eighteen,  cents  :  & 
venire  for  a  jury  to  enquire  of  riots,  forcible  en- 
tries, detaineis/&c.  twenty  five  cents  ;  drawing 
and  engrossing  inquisition,  and  returning  the 
same,  six  cents:  filing  record,  twelve  and  a  half 
cents;  entering  the  panel  and  swearing  the  ji>- 
ry,  twenty  five  cents:  swearing  witness  and 
constable,  each,  six  cents:  reading  each  evidence 
or  petition  in  court,  six  cents  :  uking  and  en- 
tering verdict,  twelve  and  a  half  cents  :  enter- 
ing judgment,  and  the  line,  fifteen  cents:  ca- 
tering defendant's  confession,  fifteen  cents:  co- 
pies of  indictments  and  pleadings,  if  required, 
each  sheet  of  seventy  two  words,  six  cents:  re- 
ceiving, reading  and  filing  every  order,  brought 
to  be  allowed  at  the  court  of  sessions,  and  en- 
tering the  confirmation  and  recording  the  same,, 
as  in  other  cases,  per  sheet  of  seventy  two  words, 
twelve  and  a  halt  cents. 

XV L     Fees    of  the  Pro tho notaries    of  the 
court  of  common  pleas.     For  every  writ   of  ca-  fees  itt  common 
pias,  entering   action.,   and    seal,    twenty  eight  Pleas- 
'  cents  :  a  bond  given   by  the  plaintiff,    when   he 
is  not  a  freeholder,  thirty  seven  and  a  half  cents  : 
Ming  declaration,  six  cents  :    copy  of  a  declara- 
J  lion  or  oilier  pleadings,  if  required,  per  sheet, 
each  sheet  containing  seventy  two    words,   six 
cents:  a  discontinuance,  orretraxit^   twelve  and 
a  half  cents:   altering  the  dcclararion,  in  eject- 
,  inent,  and  admitting  a  defendant,  fifteen  cenrls  5 . 
•  entering  every  motion  and  rule    thereon,  twelve 
and  a  half  ccats:   copy  of  every  rule,   when  re- 
quired, twelve  and  a  half  cents;    bringing  a  par- 


[76] 

ticukr  record' in  to  court,  twenty  five  cents: 
ceiving  and  entering  verdict,  twelve  and  &  .halfi 
cents:  en  taring  a.satisfoc  tier*,  oa  record,  twenty- 
five  cents- :•   entering-.^  judgment,,  fifteen  cents n 
reading  and  entering..allowa.n<:e  'oi  every  habeas* 
corpus,  writ. of  error  or  cartiorarr,    ana  the  re- 
turn^ twenty  five  cents  :   an    execution,  twenty 
eight  cents:  transmit ofahe.  record  in,  error,  and 
returning  it  with  the  writ,  every  sheet  o£  seventy' 
two  words,    Six  cents-:    every  wrib  of  enquiry,. 
six  cents  per  sheet:   entering  defendan  fs  appear- 
ance,, six  cents  >r  drawing  and  filing:special  bail  in. 
or  out  of  court,  eighteen  cents  :'fding  every  plea,. 
replication,,  rejoinder  OB  other,  pleading,     six. 
cents  :  a  venire,    twenty,  eight  eents  :.  receiving 
and  entering,  the- panel,?  and.  swearing:  the  jury, 
eighteen  cenis-  :    a^.  habeas    corpora  -juratorum, 
twenty  eight  cents  :.  subpoena  for  each,  witness, 
six  cents  '•  Veading  every  evidence  in  court,    six 
cents;  swearing  each  witness,  six.  cents  \  swear- 
ing.constable,- -six^cenls:   making  up   and  enter- 
ing   a  recoid  of-  a  judgment*  twelve  and  a  ha|f 
cents ;  per  sheet  r  engrossing,. six  cents :  copy  of 
a-recordofa  judgment*  when  required  j  six  cents, 
per  sheet  of  seventy    two-words:  searching  the 
reoordswi  thin  one  year,  twelve^ and  a  half  cents.:; 
and  every  year,  back, .six cents  :  copies  ofTecoids, 
per  sheet  of  seventy.two  words-,  each*   six  cents. 
XWl.   The  Sheriffs  fees  -in  the- courts  of  com- 
eomnion'pi'ftas ',    mon<pleas.     Koi: serving. a  writ',. and  taking  into 
bis  fee».*m  civil    custody,   thirty  seven  aiid-a-hal£K  cents  :    every 
mile   as  fixed. by. law,  six  cents  per  mile:   every 
bail  bond,  thirty  seven  and  a  half  cents:  return- 
ing a  writ,  .nine   cents:    summoning  a   jury,  se- 
venty fi vie  cents:   attending   on  view,  per  day, 
doHar  :  going  aud,.re-Uiniiris,  one   doPar* 


per  day  :  serving  and  returning  scire  facias, 
thirty  seven  2nd  a  half  cents  :  serving  an  execu- 
tion for  every  three  dollars,  under  three  hundred 
dollars,  six -cents:  and  for  every  three  dollais 
more,  three  cents:  serving  a  writ  of  possession, 
with  the  aid  of  the  posse  cotnitatus,  -two  dol- 
lars and  fifty  cents  ;  every  mile  from  the  place  of 
holding  the  court,  six  cents  .'serving  such  a 
writ,  without  the  aid  of  the  posse  comitatus, 
one  dollar  and  twenty  five  cents  :»  every  person 
committed- to  the  common  prison,  thirty  seven 
and  a  half  cents:  the  discharge,  of  every  person 
out  of  the  common  prison,  thirty  seven  and  a 
half  cents:  executing  a  writ  of  enquiry,  and 
drawing  inquisition,  and  returning  the  same 
•with  the  writ,  one  dollar  and  'fifty  cents  :  serv- 
ing summons,  twelve  and  a  half  cents,  for  at- 
tending with  a  prisoner  before  a  judge,  on  his 
being  surrendered  by  his  bail,  and  for  receiving 
the  prisoner  into  custody,  fifty  cents  :'.in  crimi-  Hii/ees'in  cri« 
nal  matters,  the  like  fees  in  tne  respective  -courts  ""^"fes. 
as  for  the  Tike  services  in  civil1  cases,  to  be  allow- 
ed only  where  the  defendant  enters  a*nolo  con- 
tendere,  or,' on  voluntary  composition, 'hath  his 
fine  mitigated,  or  where  'the  -services  are  dorre 
at  the  request  of,  or  for  the  case  or  advantage  of  the 
defendant  or  prisoner,  or  by  order  of  the  court. 

fPJIl* . ,  Cryers' Jees  in   the  courts  of  sessions 
and  common  pleas*     For  calling  a  jury   in  each  Cry**'*  f«»   in 
cause,  twelve  arid  a  half  cents  :  calling  and  swear-  JJU^Sm*"*' 
ing  every  witness,  sixcerlt&:  calling  every  verdict,   Je-ffious. 
ninecents:    calling everyaction, 'nine  cents:  ling- 
ing  the  bell  for  everyaction ,  nine  cents:  discharg- 
ing every  person,  by  proclamation,  ninecents. 

XIX.   Jury's  fees    in  the    courts    of  sessions  .      ,g  fceg  . 
and  cemmon  pleas.    Every  jui\maa,   sworn  in  fanjc  courts. 


U  73  3 

each  action,  twenty  five  cents  :  every  juror  at- 
tending a  view,  per  day,  fifty  cents* 

XX.    Coroners'  fees*.  For  the  view  of   each 

Coroners*  fees,  body,  threcdollars  :  each  juryman  that  sits  on 
the  body,  twelve  and  a  half  cents;  lor  witnes- 
ses, the  same  allowance  as  in  the  General  court: 
serving  writs,  in  all  cases,  the  same  ae  ic  herein 
before  allowed  to"the  sheriff,  for  th e  like  service  :•* 
the  fees  of  coroner's  inquest  shall  be  certified 
by  the  coroner,  and  paid  by  the  treasurer  of  the 
county. 

X  X  /,     Fees  of  th  e  pro  I  ate  office.    For  a  d  rr>  i  n  i- 

Frobate  office  sler;ng an  oath,  eighteen  cents  :  for  all  copies  f^r 
each  folio  eonsistingof  cue  hundred  and  I  wend 
eight  words,  eighteen  cents;  for  seal,  seventy  fv$ 
cents:  for  filing,  eighteen  cents:  fora  citation, 
exclusive  of  seal,  fifty  cents  r  for  a  letter  of  admi 
lustration >  two  dollars  and!  fifty  cents  :  taking 
and  filing  a  renunciation,  and  taking  proof  of  re- 
nunciation (and  which  proof  the  judge  of  pro- 
Kate  is  hereby  authorized  and  required  to  take) 
fifty  cents*  where  a  will,  or  administration,  is 
contested,  for  hearing  and  determining,  two 
dollars  :  for  proving  a  will,  endcr^n**  certificate 
thereon,  recording  the  same,  and  filing  it,  two] 
dollars  and  fifty  cents  :  for  qualifying  adminis- 
trator taking  bond,  and  "writing  certificate,  one 
dollar  and  fifty  cents:  loracitaL'on,  when  issued, 
fifty  cents  :  for  filhig  caveat,  eighteen  cents  :j 
for  proving  a  codicil,  improved  separately,  en- 
dorsing certificate,  recording  the  same  and  filing 
it,  one  dollar  and  fifty  cents:  for  examining  and 
proving  an  inventory  or  account,  one  dollar: 
for  granting  administration,  *with  the  will  annex- 
ed, two  dollars  and  fifty  cents:  for  a  .search. 


eighteen  cents, 


C  79] 

'XXII.  Recorders'  fees.  For  recording  morr- Recor([eri. 
gnges,  sixteen  cents,  per  sheet  of  one  hundred 
\vords;  and  the  like  fees  for  recording  all  other 
cleeds  and  instruments  in  writing:  for  copies  of 
all  records  anddeeds»  twelve  ceuts  and  a  half,  per. 
slieet. 

XXUL  To  the  person  keeping  the  seal.  For  Kcerr  Of  rt0 
making  out  and  affixing  the  seal  to  the  cominis-  feal,  his  ice*, 
sion  or  appointments  of  the  attorney-general, 
ihe  treasuier  of  the  Territory,  the  sheriffs,  prolho- 
notaries  and  recorders,  three  dollars ;  tor  each  and 
svery  such  commission,  or  appointment,  one  third 
part  thereof  to  be  to  tbegovernour's  use:  forth© 
commission  of  ajustice  ofthe  common  pleas  one 
dollar:  for  every  justice  of  the  peace,  named  in 
a  commission,  fifty  cents  (one  third  whereof  to 
ihe  governour's  use)  and  lor  affixing  the  seal  to 
any  other  instrument  in  writing,  except  original 
laws  and  military  commission*, seventy  five  cents, 
to  his  own.  use, 

XXI 'V.    To  the  secretary.     Forcopiesor  exem- c 

..r  ,  .  -/,  ,  -  secretary  s 

plihcations  or  records,  twelve  cents,  per  sheet  or  fee8ft 
one  hundred  words.. 

XXV  This  law   shall  be  cons  trued  "to  extend 
id  all  suits    or  actions  already  commenced    and  This  Taw  &F. 
depending  in  any  courts  of  record,  -in    this  Terri-   Pnes  to  fDir« 
tory,and   wherein   the  bills  of  costs  are  not  al-  °°    dcPeidi 
ready  taxed.' 

XXfL  The  judges  and  justices    of  their  res,  .  f 

i     i9       n  11     i  .11  No  otner  Fec» 

peclive  courts,  shall   allow  all   bills  of  costs,    a-  to  be  t-^en. 
rising  within  their  courts,  according  to  ihe  table 
of  fees,  herein  established,  and  not  otherwise. 

XXylL   All  and  cveiy  person  and  persons  shall 
be  allowed  to  carry  on,    defend  and  try  his,  her 
and  their  suit,  or  ac  tion,  iu  any  court  of  record,  in  »p> 
where  c 


C  80] 

Coam  toiiio^       xxr*H-  For  any  services  actually   per  formal 
t:otnpenf*iion     and  not  enumerated  in  this  law,  the  judges  nnd 
for  fen kes  ^     justices,  respectively »  sh all  certify,  or  lax  somuc^ 
ML    ere  none.  jpor  such  services,  as  the  same  are  really  worth, 

and  no  more, 

Coanfeliors  fc  XXJX.  jsjo  counsellor,  nor  attornev.at  law, 
attorn  ie«,  how  shall  be  admitted  to  make  any  plea  at  t-ne  bar  ol 
ptald!*410  anv  coart  (except  in  his  own  case}  without  tak- 
ing the  following  oath,'  or  affirmation,  in  open 
court;  nor  -until  he  shall  Jiave  been  examined, 
touching  his  legal  abilities,  by  a  judge  of  the  Ge- 
neral court, -and  obtained  from  him  a  .certificate, 
^at  tneParty  examined  hath  sufficient  legal  abi- 
lities,  and  had  produced  one  or  mope  certificates, 
in  writing,  to  prove  the  goodness  of.  liis.  moral 
character: 

You  f  hail  behave  yourself  in  the  bf free  of  coitn- 
Oatl1  sellorat  law  (or  attorney,  as  the  case  may  be)  w/VA- 

in  this  court,  according  to  the  best  of  your  learn" 
ing,  and  with  all  good  fidelity,  as  well  to  the  court, 
as  to  the  client.  You  shall  use  no  falsehood, 
nor  delay  any  persons  cause  for  lucre  or  malice: 

(So  help  you  Go^ 


THE'  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  >  of  October, -next  ensuing  :  1NTES- 
TIMONY  -whereof,  "we  Arthur  St.  Clair, 
John  Cleves  Symmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLAIR, 
JOHN  C.  <YMMES, 
G.  TURNER. 


A  LAW    for  establishing    Or- 
phans*  courts...    Adopted  from  - 
ike  Pennsy Iranian  code,  and' 
published  a£  Cincinnati,  the' 
sixteenth  day  of.J'une^one  lhou<- 
$and\  seven  Hand  ted  and  'nine*- 
ty-five'»  by  Arthur  St;.  Clair^ 
governoiu*  and-  Jolin  Cleves. 
A*.  ST.  CLAIR,.         Symmes  and  George  Turner,, 

)lldg%>  ia  and 
Terntory. 


Sect*  L  'TUIE  justices- of  the  cmirt  of  General"        .    , 

quarter-sessions  of  the  peace,  in  e-.  ^buac/.0 
very  county,  or  so  many  of  them,  as  are  or  shall 
tc,  from  time  to  time,    enableds   to   hold    those 
courts,  shall  have  full  power,  and  a  re  hereby- em « 
powered,  in  die-  same  week  that  they  are  or  shall  Jaftices  of  the: 
be,  by  law,  directed  to  hold  the  same  courts  (or  Peat:e  to    hald: 
at  such 'other  times  as  they  shall  see  occasion)^  l 
hold  and 'keep  a -court  of  rccordr  i;i  each  c4   the 
said  counties  i  which  shall  be  stiled,  The  Orphans' 
court ;  and  ta  award  process^  aad  cause  -  to  come  T^JIJ.  powei.s 
before  them,  alland  every  sueh  person-  and  per-  and    d.uies   o. 
sons  who,  as  gua-rdians,   trustees,1    tutors,    exe-  vcr/  guardians, 
cutors,  administrators, ror-otherwise^ -are  or  shall  <™ttees, tutors* 

,        .   .  .  executors  ad- 

be  intrusted  wiln,.or.  anywise  -accountable  for,  miniftrators&c.. 

any  larfdsj  tenements,,  gopcb, •  chattels  or-  estates 

belonging,  or- which-shaii  beloiTgj  to-auy  orphan 

or  person-under  age  ;  and  cause  them,  to  make  and 

exhibit,  within  a  reasonable  time*  true  aad  per* 

feet  inventories  aad  accounts  of  the  said  estates  : 

and  lo  cause  and  oblige  theJudge  of  probate,  or 

such  person  orpersoiis  as>    (or  the   time    being,  A ffo  over-  tTi'Pj 

shall  aa?e  the  po^ver   cf  probates  of  wills,  and  judfe    of  pr/ 

granting  lelters  ofdJrninistration,  in  this    ternto-  balc  «-c.  - 

ry,  ur  4 iieir deputies,   upon  apjplicatiou  made  in 


that  behalf,  to  bring  or  transmit  into  the  said  Or- 
phans' court,  true  copies  or  duplicates  of  all  such 
bonds;  inventories,  accounts,  actings  and  proceed- 
ings, whatsoever,  now  or  hereafter  remaining  or 
being  in  the  respective  offices,  or  elsewhere  with 
iti     the    limits    of  their  authority,   as  do  orshal 
concern  or  relate  to   the  said  .estates,  or   any  o 
May  order  pay.  them  :  and  to  order  the  payinen,#of  such  reasona- 
wear  of  cbajg    [^  fces  fQJ.  tjie  sa^  COpieS)  an(|  for  a}[  other  charg- 

ecuYion^t^h^s  es'  trouble -and  attendance,  which  any  -officer  or 
law,  according  other  person  'shall  necessarily    'be  put    upon,  in 
to  ditcrcti^n.      tjie  execution  of  this  law,  as  they  shall  think  c 
quitable  a.nd  just.     And  if,  upon  hearing  or  exa- 
mination thereof,  it appears  to  the  justices  of  ihc 
OScers    milbs-  sajj  court  that  any  of  the  said  officers  ha\e  mis 

having  as  to         ,     ,  ,    ,  ,       '  ..          r 

minors,  &c.        behaved  tiieinselves,  to  the  prejudice  or  any  miuor, 
how  'accounta-  or  others  concerned  for  them,  as   aforesaid,  thd 
Wc*  said  justices  are  hereby  required  to    cerlily  the 

same,  accordingly;  which  i>hall  be  good  evi-( 
deuce,  for  the -party  grieved,  to  recover  his  da- 
•iiiages  at  common  law. 

II.  And  where  any   letters  of  administration 
*  .?,rs  f.  a  "      shall  be  granted,  and  no  bend  with  sureties  civen. 

luiniit  rat  ioi>,  o  f  o  ' 

gran-cd    \vitVi •  as-thclawni  tha t  case  requires,  such  letters  of  ad- 

uutfurety>  to      niinistration  shall  be,  and  are  hereby  declared  lo 

be  void  5  be  void  and  of  no'ne  effect  rand  the  officer  or  person 

that  grants  the  same,  and  his  sureties,  shall  be,  ip- 

Y    so  facto,  liable  to  pay  all  such  damages    as.  shall 

The    officer  To  1     ;  L  ••'»•£ 

trraoting  ihcm,  accruclo  any  person  or  persons,  uy    occasion  oc 

TO  be  liable  to  granting  such  administration:  And  thcparlylo 
any  damages  n-  -whoj^  [|1C  same  slial'l  bc,so  ziaiired,  may  he:suedj 
'  as.  executor  in  his  own  wrong  ;  and  shall  be  so- 
And  the  party  taken  and  deemed,  in  any  MI  it  lo  be  brought 
tHe^11  deemed  aga^nst  n^m  foror  by  reason  of  his  said  admini- 
cxecuVor  in  his  stration;  or,  if  upon  such  examination  it  appears] 
own  wrong.  fazi  any  of  fac  uiid  ofliccrs -liave  net  Laten  sufit* 


cient  sureties,  where  the  administrators  may  not  Po^r 

be  of  ability  to  answer,  or  make  good,    the  va    5J7JJ  £ 

lue  of  what  the  decedent's  estate  doth  or  shall  a-  earuj  is 

mount  to  ;  then  the  said  Justices  of  the    Orphans' 

court  are   hereby  required  and    empowered,  lo 

cause  all  such  administrators  to  give  better  securi- 

ty to  the  judge  of  probate,  by  bonds,    in  'manner 

and  form  as  the  law  prescribes,    and  under  such 

.penalties,  and  with  such  suretiesas  the  said  jus- 

tices shall  approve  of,  aftr  they  have  heard    ihe 

olrections  of  creditors,  or  persons    concerned,  if 

any  such  be  made  during  the  sittingofthe  court. 

And  if  it  appear  ihar  any  of  rhe  s.iid  administra. 

tors   have  embezzled,    wasted  or  misapplied,   or 

suffered  so    to  be,  any  part  of  the  dece-'lent's  6s-  AH*  U  *«ie  df 

tates,  or  shall   neglect  or  refuse  to  give  bonds,  waft*«re»- 

with  sureties,  as  aforesaid;  then,  and  in  every  such  ke*xfc|"B««- 

case,  the  said    justices  shall,  forthwith,  by  their 

sentence,  revoke  or  repeal  the  letters  of  admini- 

stration granted   them;  and  thereupon    the    said 

jud^e  of  probate,  or  other  person    then  empow- 

ered to  grant  administrations,  as  aforeiaid,  where  terje^  jj  ^ 

such    occasion  happens,   is    hereby  required    lo  g*-*atc<i.  «nd 

grant  letters  of  administration  to  such  person   or 

persons,     having    right  thereunto,   as  will  give 

bonds  in  manner  and  (orm,  aforesaid  ;  who  iniy 

have   their  actions  of  trover  or  detinue,  for  such 

go.xls  or  clriltels  as  came  to  the  possession  of 

die  former  administrators;  and  shall  be  delaineJ, 

wasted,  embsA^ledor  misapplied  by  any  of  them, 

and  no  satisfaction  made  for  the  same; 

III.  When  any  complaint  is  made  to  any  of  the 


said  Justices,    that  an  executrix,  having  minors  of  *4tes  «relobc 

,      .  ,  r  i       •         •  lecared  pocom- 

her  own,  or  being  concerned  tor  others,    is  inir-  pUiot,  th%t  ec- 

ried,  or  like  to  be  espoused   to  another  h'lsbiad,  ccntrix,  is  a- 

without  securing  the  minors'  portions,  or  chutes  :  p*"l  '  tn«rr:-ftl  « 

l  '  Lkrl  7 


twi 

O**tef*«xe"0f*trfata.n  executor,  or  other  person,  having  the 
eotcr  is  likely  care  ancj  lrust  of  minors'  estates,  is  like  to   prove 
rq^bc  loColvcuiy.  £'nsoivent?  or  shall  refuseorneglect  to  exhibit  true 
and  perfect  inventories,  or  give  full  and  just  ac- 
counts of.the  said»eslates-come  to  their  hands,  or 
knowledge;  then;  andiu  every  such  case,  the  same 
justices  are  hereby  required,  forlhv%ilh,  to  call, 
an  Orphans'  court;  who  shall  cause  all  and  eve- 
ry sucn  Executors  an  d  trustees,  as  also  such  guar- 
dians  or   tnicus  of  orphans   or  minors  as  have 
been  fonneily  appointed,'  or  shall,  at  any    time, 
hereafter,    be  appointed   by    the  said  court,   to 
give  security  to  the  orphans  or  minors,  by  mort- 
gage or  bonds,  in  such  -sums,  and  with  such  sure- 
ties, as  the  said  courts- shall  thini  reasonable: 
conditioned  for  the  performance  of  their  respec- 
tive trusts,  and  for  the  true  payment  or  delivery,  to 
and  for  the  use  and  behoof  of  such  orphans  asthey 
aie  concerned  forj  or  such  as  shall  legally  repre- 
sent them,  the  Ingaries,  portions,  shares  and  di- 
vidends of  estates,  real  and  personal,  belonging  to 
such  orphans  or  minors,  so  far  as  they  have  as- 
sets; as  also  for  their  rhaintainance  and  education; 
as  the  said  court  shall   think  fit  to  order,  for  the 
benefit  and  best  ad  vantage  ol  such  orphans,  as  is 
usual  in  such  cases, 

F*ecator»,&c,       IV,  Any  of  the  said  executors,  administrators, 
b>  lca\c  oi  the  guardians  or  trustees,  may,  by  the  leave  and  direc- 
•ifcitV^V1*1  tion  °-f  the  Orphans' court,  put  out  their  minors' 
r^^eir  no*  money  to  interest,    upon    such,  security,  as    that 
to  be  accounta.  court  shall  'allow  of :  and  if  such  secuiity,  so  ta- 
ble ia  cafe  of      ken^  iona  f[de>t  and  without  fraud,  shall  happen 
to  pro /e  insufficient,  it  shall  be -the.  minors' loss. 
But  if  no  person  who  may  be  willing  to  take  the 
said  money  at  interest  with  such  security  as  can 
be  found  by  the  person  .so,  as  aforesaid,  conx:enu 


eel  for  the  minors,  nor  by  any  others;  then    the  But 

atitl  executors,  administrators,  snardians  or  trus-  whl!! !  ln  l 

iii*  i  i  •!  i      /~         i       CWQ  nanus. 

tecs,  shall,  in  such  cases,  be  responsible  for   the 

principal  money,  only,  until  it  can  be  put  out  at 
Quietest,  as  aforesaid. 

V  Provided  always,  That" the  day   of  payment  Term  ofmoulc9 
of  the  money,  so  to  be  put  out  to  interest,  at  a-  f0  lent,  n&t  to 
ny  one  time,   shall  not    exceed  twelve  months,   exceed  ra 
from  the  dateof  the  oblation,  or  other  securi-  moluhs« 
ly  give  11  for  the  same;  and  so  toties  quoties,  when 
and  so  off  en  as  the  said  money  shall  be  paid  in, 
or  come  to  the  hands  'of  the  Said  executors,  guar- 
dians or  tj  us  fees. 

VI.  Provided  a/so,    That  no  executors,  admi- 
nistrators or  guardians,  shall  be  liable  to  pay  in-  Exfca.toiris»  **» 

i     L  t        i  i  i     i       *         i  *     1  "ONV  Iwble  to 

terest,  but  for  the  surplusage  of  the  decedent  ses'   iulcrett. 

tale,  remaining  in  their  hands  or  power,  and  be- 
longing to  the  minors,  when  the  accounts  of 
their  administration  are,  or  ought  to  be,  settleil 
and  adjusted  before  the  said  Orphans'1  courts,  or 
judge  of  probate  respectively. 

VII,  The  justices  of  the  said  Orphans' court,  ih 
the  said  respective  counties,  shall  have  full  pow- 
«rand  authority  to  exercise  all  the  powers,  autho- 
rities and  jurisdictions  granted,  or  mentioned  or 
intended  to  be  granted,  to  the  Orphans'  court,  in  rurther 
and  by  a  law  of  this  Territory,  entituled,  "a  law  of  ihe  court. 

'for  the  better  settling  of  intestates'  estates.,"  and 
to  do,  execute  and  perform,  all  such  matters  and 

1  things  as  the  Orphans'  court,  in  the  said  law,  or 
in  any  other  law  of    this  Territory    mentioned, 

\  might  or  ought  to    have  done  or  performed,  ac- 

•  cording  to  the  true  intent  and  meaning  thereof; 

'with  power,  also,  to  admit  orphans  or  minors,  May  appoint 
when,  andas  often  as  there  may  be  occasion,  to  g»aHiani  tu 
make  choice  of  guardians  or  tutors  and  to  ap-  tors*  ^6- 


[86] 

point  guardians,  next  friends  or  tutors,  over  such 
as  the  said  court  shall  judge  too  young,  or  incapa- 
ble, according  to  the  rules  of  the  common  law> 
to  make  choice  themselves:  and,  at  the  instance 
and  lequest  of  thesaid  executors,  administrators, 
guardians  or  tutors,  to  order  and  direct  the  bind- 
ing or  putting  outof  minors,  apprentices  to  trade*, 
husbandry,  or  other  employments,  as  shall  be 
DOTS  tojgradcs,  thought  hi.  And  all  guardians  and  prochein  a- 
°*  mis,  who  shall  be  appointed-  by  any  of  the  said 

Orphans'  courts  shall  be  allowed  and  received, 
without  further  admittance,  to  prosecute  and  de- 
lend  all  actions  and  suits  relating  to  the  orphans 
or  minors,  as  the  case  may  require,  in  any  court 
Or  courts  of  this  Territory. 

YI1I.     Jr.  any  person  or  persons,   being   duly 
summoned  to  appear  in  any  of  the  said  Orphans' 
Power  of  tlic     courts,  ten  days  before  the  time   appointed   for 
in  cafe  of  their  appearance,    shall  make  default,   the    jus- 
tices  may  send  their  attachments  for  con  tempts, 
and   may  force  obedience  to  their  warrants,  sen* 
lences  and  orders,  concerning   any    matter  or 
thing  cognizable  in  the  same   courts,  by   impri- 
sonment of  body,   or  sequestration  of  lands  or 
goods. 

JX,  Provided  always,  That  if  any  person    or 
l  to  the  persons  shall    F/c  aggrieved,  by  any  defmiiivje 
'.    5enrcnce  or  Judgment  of  the  said  Orphans'  court, 
it  shall  be  lawful  for  themlo  appeal  from  the  same 
to  the  General  or  circuit  courts  :    which  appeal, 
upon  secnrify  given; as  is  usualin  such  cases,  shall 
be  gran  ted  accordingly, 

X,  If  any  of  ihe  said  executors*  ad  minis  I  ra- 
or    *orSf  g,tiar(M*.ns  or  Imslee*,  did  or  «hall  receive 
&veo  an^  6^®   discharges  for   any  sums  of  money* 
dehts  rents  or  duiicS|  belonging  to  any  o;phaDf 


3 

or  minor  for  whom  they  arc  or  were  ialrustcJ  ;  *«•  *aU  bjfli 
it  is  hereby  declared,  that  all  such  discharges  or  "Jj^1  *ud  or 
receipts  shall   be   binding    to,    and  upon,    the 
orphan  or  minor,  when  he  or  she  attains  to  full 
age  ;  and    shall  be  effectual  in  law  todisclm^e- 
the  person  or  persons  that  fate  the  same. 

XL  When   any  of   the  said    minors  attain  to  M^norfi  atra?n. 
their  full  a^e,  and  thq  person  or  persons  so,  asingfuilage, 
aforesaid,  intrusted  or  concerned  for  them,  hav-  how  they  (bail 
in^rendered  their  accounts  to  theOrphans'  court,  a<stj 
according  to  law,,  and  paid  the  minors  their   full 
cine  ;   then  such  minors  shall  acknowledge  satis- 
ifhclion  in  the  said  court:  but  in    ease    any    of 
them  refuse  so  to  do,  then  tho  said  couit  shall 
I  certify  how  th2  said  persons  concerned  have  ac-  ftS. 
counted  and   paid  ;  which  shall  be  a   suffccient  (hall  aft. 
discharge  to  the  guardians  or  tutors,  and  to  the 
tiusiees,    executors    or     administrators,      who 
shall  so  account  and  pay  :    and,  thereupon,    All 
bonds  entered  into,  for  payment  of  such  Orphans' 
portions,  shall  be  delivered  up  and  cancelled. 

XII.  Provided  always,  That  none  of  the   said 
Orphans'  courts  shall  have  any  power    to  order 
or   commit  the  tuition   or    guardianship  of  any  NO.  minor, 
orphans  orminors;  or  bind  them  apprentices  to  orphan  t«bc 
an      crsoii  i  or    ersons,  whose  reliious  persuasion 


any  jcrsoii  i  or  persons,  wose  regous  persuason 
shall  be  different  from  wnat  the  parents  or  such 
orphan,  or  minor  professed,  at  the  time  of  theit 
decease  ;  or  against  the  minors'  own  mind  or^ti- 
cliualion,  so  far  as  he  or  she  has  discretion  and 
capacity  to  express,  or  signify  the  same  ;  cr  lo 
persons  thatare  not  of  good  repute,  where  others 
of  good  credit,  and  of  the  same  persuasion,  may 
or  can  be  found. 

XllL   Provided  also,  That  ibe  justices  ef   the  , 

iaidcoiu'ts?  andallotkers  cocceiuedin  the   ex-  court  as  to  the 


of 


/iJ«, 


edition  of  this  law,  shall  have  clue  regard  tc 
direction  of  all  last  wills,  and  to  the  tiue    intent 
and  moaning  ol  the  testators,  in  all  matters  and 
things  that  shall  be  brought  before -them  concern* 

in^  the  same. 
o 


ho  ,v  and    to 

WhomliabJe. 


._    .   All  5iich  bonds  or  obligations,  as  are,. 
Jr^tSTaVc  b^  lhis'or  an);  other  law  of  this  Territory,  direct- 
of  probate"  gQ  ed  orVequired  to  be  given  to  ihe-judge  of  probate; 
and  all  such  bonds  as,  -by  any  law  aie    directed, 
lo  be  given  by  the  judge  ot  probate,    or  by  any- 
other  officeisor  persons  in  office,  for  the  due  ex-, 
edition  of   his  or  their  respective  offices  or  em« 
ploy  men  ts,  are  hereby  declared-tobe  to  and  for  lire 
useof,-  and  in   trust  for,    the  person  or  persons 
concerned;  and   the  benefit  thereof  shall  be  ex- 
-tended,'  from   time  to   time,  for  the    relief    and 
advantage  ol  (he  party  grieved,   by   the   misfeaz*- 
ance  or  norifeazance  of  the  officers   that  did   of 
shall  give  the  same. 


Whcnfuch 
bonds    are  in 
fuit,  and  judg- 
ment  had,    no 
execution    (hall 
jffue  before    a 
fcire  facias  U 
lucd  out 


how  to 
be    awarded  on 
verdid 

Former  judg. 
ment  to  (land 
cautionary. 


XV.  And  when  any  of  the  said  bonds  shall  ba 
put  in  suit,   and  judgment  thereupon    obtained, 
the  judgment  shallremain  in  the  same  nature  the 
bonds  were  :    and  no  execution  shall  issue  there- 
upon,  before  the  party  grieved  shall,  by  wiit   of 
.  scire    farias,    summon     the  person  or    persons 
,  against  whom  the  said  judgment  is    obtained,  to 
/appear   and   shew,  cause,  why  execution    shall 
-not  issue  upon  the   said  judgment.  .    And  if  the 
.party  grieved    shall  prove  what  damages  he  sus- 
tained, and  thereupon  a  verdict  be  found  for  him, 
the  court,   where  such  suit  is,  shall  award  exe* 
eution  for  so  much  as  the  jury  shall  then  find, 
with  costs,  and  no  more.     And  the  former  jndg^ 
ment  is  hereby  declared  still  lo  remain   caution- 
ary. for  the  satisfaction  of  sucH  others  as 


C  89  3 

legally  prove  themselves  damnified,  and  recover 
their  damages,   in  manner  afoiesaid. 

XV L  The    said   judge  of   probate,    and    all 
others,  in  whose  hands  the  said- bonds  shall   be 
deposited  or  lodged,   are  hereby  required  to  give  gjve  'copies,  on 
any   person  injured,  and  requesting  the  same,  a  demand,  of  Tuck 
true  copy   of  any  of  the  said    bonds/  he  paying  bo° 
thirty  seven  and  a  half  cents,   for  the  same,   and 

to  produce  the    original  in    court-,     upon  any    ., 

i     11  i       i       i     r          i  r     "  r  ,  Fee  there  on. 

trial  that  snail  be  had   lor  the  breach   of   any  of 
them,   if  required  by  the  court.     And  if  the  per- 
son, in  whose  hand  the  said  bbnds^shallbe  lodg- 
ed or  come  to,  sliall  refuse  or  delay  togivecopies 
thereof,  and  produce  the   original  in    court,  as 
aforesaid;,  he  or    they  shall  forfeit;   and  pay   to 
the  party  grieved,  treble  damages;  to  be  recover-  officer,    refaf. 
ed  sgainst  the  officer  that  gave  such    bonds,  or  ing  copies,  to 
his  sureties,   by    action,  of  debt,    bill,  plaint  or  Pa-v  trcblc  da5 
information,    in    any    court    in   the    Territory,  nia£ei 
where  no  essoin,  protection  or  wager  of  law,  or 
any  more  than  one  imparlance,  shall  be  allowed. 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing  :  IN  TES- 
TIMONY whereof,  we  Arthur  St.  Clair, 
John  Cleves  Symmes  and  George  7 urner*  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
alfixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLA'R, 
JOHN  C.  *YMMES/«. 


TERRITORY  OF  TffK  WJTS0  STATES 

r  Tint  0:110, 


A  LAW  for  ibe  fettle-meat 
Intestates'  Lsutc*, 
from  the  Fenntylvanian  c&de, 
and  published  at  Cincinnati* 
the  sixteenth  day  of  June+  one 
thousand,  seven  hundred  and 
ninety- five*  by  Arthur  £i 
Clair,  *governow.  and  jolm 
Aft,  Sn.  CLAIR,  Cleves  Svmcies  end  Geoicei 

fe^iiSt1!  Turner,  yW^/,   /«  and 

'  the  same. 


Sect.  I.   TrHEJuclSeofProba!«v  having  pOWCr' 

lo  grant  IctjLers  of  administration  ot 
llie^oo-ls  and  chattels  of  persons  dying  inres-tare* 
within  itiis  Teiritory,    shall  upoo  ^ranting  such 
letters  of  administration,  take  sulficient  bond5,  | 
with  two  or  more  able  sureties  (respect  being  had) 
to  the  value  of  the  estato)  in  I  he  name  of  the;  judge 
Condition         °^  Pro^a^e»  with  the  conditions  in  manner  and 
tLtrcuf,  |orm  following,  inulatia mutandis,  viz. 

II.  The  cond'nwn  oj  this  obligation  is  such+\ 
iJiat  if  the  within  louridien,  <A.  B. :  adminis/ra- 
lor  of  all  and  singular  the  goods,  chattels  and\ 
credits  of  C*  D.  deceased,  do  mahe^or  cause  lo 
fie  made,  a  true  and  perfect  inventory  of  all  and 
singular  the  goods,  chattels  and  credits  of  the  said, 
deceased,  which  have  or  shall  come  to  the  hands, 
possession  or  knowledge  of  him  the  said  A.  B*  or 
into  the  hands  and  possession  of  any  other  person 
or  persons,  for  him ;  and  the  same  so  made*  doex* 
Jiibit,  or  cause  to  be  exhibited  into  the  office  of 
the  court  oj probate,  in  the  county  of 

at  or  before  the  day  of 


next  ensuing;  and  the  same  goods,  chattels  and 
credits,  and  all  other  the  goods,  chattels  and  cre- 
dits^ of  the  said  deceased,  atlhe  lime  ofhisdeath, 
which,  at  any  time  after,  shall  come  to  iheliands 
or  possession  of  the  said  A.  B.  or  into  the  hands 
and  possession  of  any  'other  person,  or  persons  ^ 
for  liim,  do  well  and  truly  administer,  according 
to  law,  and  further  do  make,  'or  cause  to  be  made* 
a  true  and  just  account  of  his  said  administrati- 
on, at  or  before  the  day  of 
and  all  the  rest  and  rest  due  of  the  said  goods,  ch  at" 
tels  and  credits,  fthich  shall  be  found  re  main  ing  up. 
on  the  said  administrators  account  (the  same  being 
first  examined  and  allowed  of  by  the  Orphans9 
court,  of  the  county  where  the  said  administrati- 
on is  granted)  shall  deliver    and  pay  unto  such 
person  or  persons,  respectively,    as  the  said   Or- 
phans' court,  in  the  respective  county,  by  their  de- 
cree or  sentence,  persuant  to  the  true  intent  and 
meaning  of  law^shall  limit  and  appoint.     And 
if  it  shall  hereafter  appear,  thai  any  last  mil  and 
testament  was    made   by  the  said  deceased,  and 
the  executor  or  executors  therein  named  do  exhi- 
bit'the  same  into  thejsaid  probate  office,  making 
request^  have  (t  allowed  and  approved  according- 
ly ;  if  the  said  A*  B.    within  bound,  being  there- 
Tin  to  required,  do  render  and  deliver  the  said  let" 
ters  q/  administration,  approbation  of  such  les* 
tamenf  being  first  had,  and  made  in  the  said  pro- 
bate office;   then  this  obligation  to  be  void  and 
of  none  effector  else  to  remain  in  full  force  and 
virtue. 

liU  Which  bonds  are  hereby  declared  to  be  Sucl] ,bond .is 
good,  to  all  intents  and  purposes,  and  pleulable  rn 
in  any  courts  of  justice.     And  also  the  said  Or- 
phans'<x>urt,  in  the  respective  counties  shall  and 


E  92  3 

Orphans*  court  rrray,  ami  are  hereby  enabled  to  proceed  and 
may  oblige  ad-  ca\i  suca  administrators  to  account,  /or  and  touch! 
wUj4ntort  to  .•  tjie  £00ds  Of  any  person  dyine.  intestate;  and- 

account.  «        ,    »    .  l/,r  'j          •  i  r 

uport,  hearing,  and  due  consideration  thereof,  to 
Further  power  order  and  make  just  and-  equal;  distribution  oi 
ana  dory  of  ^hat  jemainelh  clear  after  all  debts,,  funeral  and 

that  cou.j't»  •  i  ,-  11  i          »    i 

just  expenses  or  every  sort,  first  allowed  and  de- 
ducted according  to  the  ordinance  of  Congress, 
for  the  government  of  the  Territory,  and  to  the 
rules  anil  limitations  hereafter  set  down  :  and  the 
same  distributions  to  declare  and  settle,  and  to 
compel  such  administrators  to  observe  and  pay* 
ihe  same,  by  the  due  course  of  the  laws  of  this 
Territory  ;  saving  to  every  one  supposing  him 
or  themselves  aggrieved,  their  right  of  appeal  to 
the  General  or  circuit  courts*. 

IV*  Prm'ided  always,  That  in  case  any  child 
vrlio  shall  ha  ^e  any  estate  by  settlement,  from 
the  intestate,  or  shall  be  advanced  by  the  said 
intestate,  in  hislife  time,  by  portion,  not  equal 
to  the  share  which  will  be  due  to  the  other 
children,  by  such  distribution  as  afortsaid;  then 
&o  much  of  the  surplusage  of  the  estate  of  such 
intestates,  to  be  distributed  lo-such  child  or  chil- 
dren asshall  have  any  land,  by  -settlement  from 
the  intestate,  or  were  advanced  in-  the  life  time 
©f  the  intestate.  a,s  shall  make  the  eslate  of  all  the 
said  childien  to  be  equal,  as  nearly  as  can  be  es* 

Wben  no  legal  timated.  And  in  case  there  be  no  children,  nor 
any  Jegal  representatives  ©f  then*/  then  one 
inoiety  of  the  said  estate  to  be  allotted  to  the  wife 
°^  t'ie  intestate  ;  and  the  residue  o£  the  «aid  es- 

equally,    feo  every  of  the 

next  kindred,  ot  the  intestate,  who  are   in  equafc 
degree,  and    those  who  legally  represent  theiru. 

Concerning        Provided^  That  there  bs  up  .i-epiesentaliyos  adf 


equally 

eiute. 


the 


reprefcnta 
tires,      ' 

the  oter  to 

otVmdxed.  Ute,  t-o  be  dUuibu  te 


[93] 

milled   among   collaterals,  after  brothers'  and 
sislers'  cliiMien  :  and  in  ca<e   there  be  wo  wife  ; 

I1,™  all  the  sai.lcsl.-ife  to  be  distributed  equally  t 

.,         1  .,  ,  ,  .  it       When  no  wi^ 

ioan'l  among  the  rluUuen:   andiu  case  there  be.  noi  child,  ho* 

•o  child,  then  to  -the  nc<t  of  kin  in  equal  degree,  <J««tni>utiaa  to 
of  oruntoihe  in  legate,  and  their  legal  represen''  1}C 
Utives,  as   aforesaid  ;  and  in  no  oilier  manner 
\vh«itsocver*. 

V.   fVwwfarffcvW,  And  !o  the  end,  iliat  adub 


nerloti    1    e.tate 


record  be  had  to  cioclitors,  that  no  such  dist  ilm-  L  ™**»n  of 

f  i  it  i    . 

lion  oftlieg,oods  of  any  person  d)  ing  intestate, 

be  made,  till  afier  one  year  be  fully   expired,  ah-  wilh'n 

ter  the  intestate's  death  ;  and  that  such  and  eve-  }ear* 

ry  one  lowhom  any  distribution  andshaie  shall 

be  allotted,  shall  give  bond,  with  sufficient  sure 

lies,  in    the  said  Orphans'   court:    that  if  any  0 

debtor  debts,  truly  owins  by  I  he  in  I  estate,  shall  rgef7ad°L  '"a 

be  afterwards  sued  for  and  recovered,   or  other-  Orphans'  court 

v/iseduly  made  to  appear;  that  then,  and  in  every 

such  ca^e,  he  or  she  shall  respective!)  refund  and 

pay  back  to  the  administrator,  his  or  her  ratea- 

ble part  of  that  debt  or  debts,  and  of  the  costs  of 

suit  and  charges  of  the  administrator,  by  reason 

of  such  debts,  out  of  flic  part    and    share  so,  as 

aforesaid,  allotted  to  him  or  her;  thereby   to  en- 

able   the  said  administrator  to  pay  and  satisfy  the 

said  debtor  debts  so  discovered,  after  the  disMv 

bution  made,  as  aforesaid. 

*Vl.  Provided  always  lhat  Jn  all  ca.^es  where,  f   ^     cafe 
by  law,  administration    wit-h    the  will  annexed  JO<jgC  of  pro- 
ought  to  be  granted,  the  judge   of  probate  shall  bare  may  grant 
grant  administration  accordingly.  adminitlmion. 

Vil,  If  any  person  or  persons  shall  die  intes- 
tate, being  owners  of  lands  or  tenements  with- 
in this  Territory  at  the  time  of  their  death,  and 
leave  la^wiul  issue  losurvive  them,  but  uota  suf- 


1943 

,  Cerent  personal  estate,  topay  their  just  debts  and 
Wbere  perfcn-  maintain  llieir  cluldien;  in  such  case,  it  shall 
Vor0"  belavvftinortheadmimstratGror  administrators 
.  court  ol  SUG»  deceased  t©  sell  and  convey  such  part  or 
order  uhe-  parts  el  the  said  Janthor  teiiesnen  is,  for  defraying 
:M,?f  ttlf\iriUSt  clebls.jnaintaLiancc  of  their  children^ 
meat  of  debts,  and  W  putting  them  apprentices,  and  teaching 
education  and  them  to  read  and  write,  and  for  impiovement  of 

tiSSS^  °F  the  residr  !Ulf  wte^-^ny  be,-  to  iheir  ad  van. 

fcage,  as  the  Orphans'  court  of  ihe  county,  whem 

such  estate  lies,    shall  think  fit  to  aUow,    order 

and^  direct,  from  time  to  tiir.e. 

Except  efhrc          VUL  Prided  always,  Ihat  HO-  Ian-els  or  fo- 
under maniage  nements,  contained  in  any  marriage  settlement 
fciUemear.        shall,  by  viitue  of  this  law    be  sold  or  disposed 

of,  contrary  to  the  form  and  effect  of  such  settle- 
xnient  :  nor  shall  any  Orphans1  court,  allow  or  or- 
Inventory  to      kr  ™7  V^^te's  lands  cr  tenements  to  be  sold, 
fee  firft  eihibit.  ,?'  *  ^f.  ^iiiiH^trator,  requesting  the    same, 
and  other      do1/1  exhioit  twoor  more  true  and  perfect  inven 


lories  and  conscionable  apprakement  ofall  the 
intestate  '&  personal  estate  v^hatsoevetr;  as  also  a 
just  and  true  account,  upon  his  or  her  solemn- 
oath  or  affirmation,  ef  all  the  intestate's  debts 
^hich  shall  be  iheii  come  to  his  or  her  know, 
ledge;  and  if  thereupon  it  shall  appear  to  ihe 
*onrt,  that  the  intestate's  personal  osta4ewillnot 
be  sufficient  to  pay  ihe  "debts  and  maintain  the 
ihlldicn,  t4utilthc  eldest  et  tlieirt  attains  the 
oge  of  twenty  one  \ears,  or  to  pu-t  them  out  to 
be  apprentices,  and  teach  them  to  read  and  write 
then  &  in  every  swli  case,  and  not  otherwise,  lha 
Cpurtshali  allow  such  administrator  to  make  pub 
lie  sale  of  so  much  ofthe  said  lands,  as  the  comtr 
upon  the  best  computation  they  can  make  of  the" 
value  thereof:  shall  judge  necessary  for  the  pur- 


[9*1 

poses  aforesaid;  reserving  the  mansion 'house 
and  most  profitable  part  ohbe*  estate  till  the  last. 
But  before  any  such  sale  be  made,  the  court  shall 
order  so  imny  writings  to-be  made  by  the  clerk, 
upon  parchment  or  good  pa  per,  as  the  court  shall 
thiukfit,  to  signify  and  give  notice  of  such  sales, 
and  of  the  day  and  hour  when,  and  the  place 
where  the  sa.ne  \\illbfc, and  what  lands  are  to  be 
*oU,  and  where  they  lie  :  which  notice  shall  be 
lie)  i  ye  reel  to  the  sheriff  or  constables,  in  "order 
to  be  fixe'lin  the  most  public  pkccsof  the  coun- 
tv  or  city,  at  least  ten  days  be(ore  sale  ;  and  the- 
sheriffs  or  constables  are  hereby  required  Jo  make 
publication  accordingly  :  and  the  administrator 
that  makes  such  sale  sh^ll  bring  his  or  her  pro- 
ceedings therein  to  the  next  Orphans'  court,  af- 
ter the  sale  made.  And  if  it  snail  happen  that 
any  lands  be  sold,  by  virtue  of  this  law  for  more 
than  the  court's  computation  of  the  value  there- 
of: then  the  administrator  shall  be  accountable 
for  the  same,  as  by  this  law  is  required  for  intes- 
tate^'personal  estates.. 


THE  foregoing  is  hereby  declared  lo  be  a  law 
of  the. Territory  ;  to  take  effect  on  aud  from  the 
fifteenth  day  or  August,  next  ensuing:  IN  TES 
T1MONY  '  whereof,  we  Arthur  St.  Clair, 
John  Cleves  Symmcs  ana  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AH.  Sr.  CT.41R, 
JOHN  C.  SYMMES, 
G.  TURNED 


OF  THE  UNITED  STATES 
NO?vTH-W2ST  Ofr'  THii  OHIO. 

A  LAW  to  License  and  Reu- 
1  ii  re  Tavern  § .,  sJ(*+>p  fed 
I  lie  P  e  nn  sy  Iranian  ro/&v  < 
publish  ed  a  I .  CV//  c  /fcy*  ati^ 
seven  I  cent  It  day  of  Jun  <?,  o//  5 
thousand )  seven  htvkdted  and 
ninety-five,  by  Arthur  Sr. 
Clair,  governoi/r,  and  jo/jn 
.  ST-  CLAIR,  Cleves  Symmes  and  Geoiee 

-Turner'  /Mrf^'  '' 

Territory. 


Sec,  I,  l^OR   preventing   disordeis,    and  flie 
the  *     mischiefs  lhal  may  happen  by  mul. 

ti.  UplicUy  of  piibjic  hoiise3  of  enleriainment,  no 
«n  of  the  Gene-  person  or  persons  shall,  infultire,  have  or  keep 
iai quarter fefii-  any  publicinii,  Uvern,  ale-house,  or  dram-shop, 

out,  under  what  or  public  house  of  enleriainment,  in  any  coun- 

!  .,.!„,'.  J       , 

ty,  to^n  or  place  within  I  he   Territory;  unless 

such  person  or  perscrns  shall  be  first  reco  mm  end- 
ed by  the  justices,  in  their  courts  of  General 
quarter  sessions  of  the  peace  for  the  counties 
respectively,  -to  the  governour,  for  his  license 
for  so  doing,  tinder  tie  penalty  of  one  dollar  per 
day,  for  every  day  on  which  the  party  offending 
shall  beep  such  public  inn,,  tavern,  alehouse^ 
dram-shop  or  public  house  of  entertainment  ; 
lo  be  recovered  with  costs,  before  any  two  jus- 
tices of  the  peace,  in  an  action  Qui  Tarn  :  two 
thirds  whereof  shall  go  to  the  use  of  thepoorof  ihe 
township,  where  the  oftence  may  be  committed, 
and  theclher  third  to  the  prosecutor  suing  for 
die  same  to  effect. 


C97  3 

II.  No  person,  licensed  as  aforesaid,  shall  knmv- 
JhSly  sufter  any  disorder,  as  drunkenness,  or 
nnlawfui  games,  whatever,  in  such  his,  her  or  ]awfui  ga,ne«.  * 
their  ho  .^e^,  under  the  penalty  of  five  dollars  for  on  p»in  uf 
the  first  offence ;  to  be  recovered  as  aforesaid  i. 
and  for  the  second  offence,  to  be  suppressed  by 
the  justices  of  the  said  respective  courts:  and  no 
such  inn-keeper,  tavern-keeper,  or  other  person 
as  aforesaid,  shall  presume  to  con  tin  lie- such  pub- 
Kc  house  ofenterrainment,  of  his  own  accord, 
aiter  such  suppression,  or  the  expiration  of  his 
license,  v%ithoHt  new  license  as  aforesaid,  under 
the  penalty  of  one  dollar  per  day,  as  aforesaid,  to 
be  recovered  in  manner  aforesaid,  two  third 
i  parts  vdiercof  shall  go  to  the  use  of'the  poor  of 
|  the  respective  townships  or  place,  where  the  cf- 
fcuce  shall  be  committed';  and  the  remaining 
ihird  to  the  party  prosecuting*- 

III,    All    tavern-keepers  and    urn-keepers,  as 
afoiesaid,  shall  provide  and  furnish  good    enter-  ™£££a  ] 
tainment  andaccommodations^or  man  and  horse; 
under  the  penalty  of  tivcdojlars,   to  be  recovered 
in  manner  and  for  the  usesa/oresaid. 

IV  The  governour  shall  have  &  receive,  for  eve- 
ry license  t>y  him  granted,  pursuant  to  this  law,  Fe?t  on  every H- 
lo  any  person,  to  sell  wine   and  other  liquors^  the  c«nfc,  four  dol- 
iStim  of  four  dollars.     And  the  person  obtaining  larsto  lbe      * 
;;such  license  shall  further  pay  to  the  clerk  of  the  ^"" 
•General  quarter  sessions,  rii  open  court,   oir    re- county 
ceiving  the  recommendation    required  by  law., 
the  sum  of  twelve  dollars,    for    the  use  of  the 
county  :  andit  shall  beuhe  duty  of  the  said  clerk 
to  mate,  in  coiiFt,  a  fair  and  accurate  entry  in  a  feflbos   herein*, 
jbook  or  books,  to  be  kept  for    that  purpose,  of 
every  sum  so  received  ;  and  shall  pay  the  coun- 
(ty's  part  thereof,  iato  die  county  treasury,  wilii 


T983 

in  twenty  days  after  Hie  rising  of  the  said  court, , 
taking  ibe  treasurer's  receipt,  as  his  voucher  for 
such  payment. 

V.  Provided  always*  That  where  tie  govern- 
our,  or  the  person  or  persons,  he  may  choose  to 
appoint,  for  issuing  $uch  licenses,  shall  in  any 
case,  secfrt  La  refuse  the  same,  the  party  so  paying 
for  such  license  shall  have  his,  her  or  their  mo- 
nies returned  by  the  clerk  or  treasurer,  as  the 
case  may 

/^Y.  No  recommendation  shall  be  issued  by 
the  justices  pf  the  respective  counties  in  order  to 
obtain  license  fxom.  the  governour,  for  the  keep- 
ing a  public  house,  as  directed  by  this  law,  be 
fore  the  person  or  persons  desiring  such  recom- , 
Bond  to  the  jnendation,  shall  become  bound  lo  thegovernour 
governour.  of  the  Territory,  with  security,  if  required,  in 
any  sum  not  exceeding  three  hundred  dollars  ? 
that  he,  she  or  they,  on  obtaining  such  license, 
shall,  at  all  times,  be  of  good  behaviour,  and  ob- 
serve all  the  law  and  ordinances  which  are  or  shall 
be  made,  or  be  in  force,  relating  to  inn-keepers 
or  tavern-keepers  within  the  Territory.  And 
whoever  shall  keep  a  tavern,  inn  or  public 
house  of  entertainment,  before  he  or  she  hath 
given  bond,  as  aforesaid,  such  person  shall  suffe 
the  same  penalty,  as  U  the  same  had  been  don 
\vithoutlicense. 
Koperfoyn.  yjjm  No  peisoq  or  persons,  -other  than  such  a 

leu  qualified  by  ,     ,,  ¥  vr1  i    •  i          i          i  •      i 

this  law  (hall     are  or  shall  be   qualified  so  lo  do,    by   this  law 
fell  liquor*,       shall  presume  under  any. colour  or  pretence,  t 
se^'  barter  with,  or  deliver  any  wine,  rum,  bran 
dy  or  other  spirits,  or  strong  water,  beer,  cyde 
or  any  mixed  or  strong  liquors,  to  be    used  or 
within  his,  her  or  their  houses,  yards  or  sheds, 
•or  to  be,  with  his,  her  or  their  knowledge,  prir 


C993 

vity  or  consent,  used  or  drank  in  any  shelters, 
places  or  woods,  near  or  adjacent   to  them,  \yj 
companies  of  servants,  slaves  or  others;  nor  to 
retail  or  sell,    to  any  person  or  persons,  any  rum 
brandy  orother  spirits,  or  strong  water,  by  less 
cjuantifyttf  measure  than  one  quart;  nor  aiiy-wine* 
by  less  quantity  or  measure  than  one  quart;  nor 
any  beer,  ale  or  cyder,  by  any  quantity  less  than 
Iwo^allons  ;  thesariie  liquors  being  respec lively 
delivered  to  one  person  and  at  one  time, with- 
out any  coll usiotrdr  fraud,  contrary  'to  the    true 
intent  and  meaning  of  this  law.      Every   person.. Penalty  there- 
offending  herein,  shall  pay  a  fine  of  twelve  dol-  OB- 
lars,   on  conviction  by  indictment, -to  the  use  of 
the  proper  county. 

VIII.  No  person  or  persons,  keeping  a  publi6 
bouse  or  inn,  shall  trust   or  give  credit  to   any 
person,  for  liquors,  orany  other  inn  or  tavern  Tnn*M>'4er*  sot 
reckonings,  in  any  sum  exceeding  three  dollars;  ibw  3 dollars. 
tinder  the  penalty  of  forfeiting  and  losing   such 
debt.     And  if  any  inn-holder  or  keeper  of  pub* 
lie  house,  orany  retailer  ol  liquors,  shall  receive,  Retailer*  and 
harbour,  entertain  or    trust,  any  minor  under  p»M»caus  not 
|  the   age 'of  twenty    one  .years,  or  any  servant, 
knowing  them  or  either^  of  them  to  be  such  ;  or 
after  having    been  cautioned  or  warned    to   the  oil 
contrary  by  (he parent,  guardian,   master  ormis-  &€ 
tress,  of  such  minor  or -servant,  in   the  presence 
of  one   or  more    credible  witnesses,   such    inn- 
holder,  keeper  of  public  house,  or  retailer  of  li- 
quors, 50  offending,  shall,  for  the  hrst  or  second 
offence,  being  duly  convicted  thereof,  forfeit  and 
pay  the  sum  of  three  dollars,  for  every  such  of- 
fence, over  and  above  the  loss  and  forfeiture   of 
any    debt   such  minor  or  servant  shall  or  mar 
contract  for  liquors  or  entertainment  ;  and  up- 


C    TOO    ] 

on  conviction  for  t!ie  third  offence,  tlie  license 
obtained  'oy&uch  offender  is  hereby  declared  null 
and  void;  and  the  person  so  repeatedly  offend- 
ing, shall foifeit  and  pay  the  sum  of  twelve  dol- 
dar.s  on  conviction  by  indictment,  to  ihe  use  of 
ihe  counlyj,  and  be  forever  after  incapable  of 
Itee^inj*  a  public  house  or  inn  within  this 
Territory, 

/.\".   No  p3rso*i,  sh  il!  by  any  means  presume 
pomlry  »n  ft     to  f,lfnish     sno  )ly    or  sell   to   any   I)  >r 

11  \'t  t.»  IjCJUu-  .  *  '  I  •     • 

ferranu  *iid  Of  slave,  any  run,  briMd/,  spirits,  o'*  ,u»y 
strong  liquors  or  stio  i^  w.iter,  mixeJor  u 
cd,  either  within  or  without  doors;  nor 
receive,  harboui  or  entertain  any  slave  or 
in  or  abont  his,  her  or  l!i-»ir  ho-i-ps;  wilho  »t 
special  license  had  and  obtained  under  the  han  1 
ot  the  master  or  mistiess  of  sucli  s'ave  or  f>o  1 1 
servant  respectively;  under  the  po»ialiy,  for  ilia 
first  ofrence,of  three  dollars,  an:l  for  every  su^'* 
eesding  offence,  four  dollars;  to  b^  recovered 
before  any  one  justice  of  the  peace  of  the  county 
\vhere  the  offence  is  couimittad,  on  the  pro* it  of 
one  or  more  credible  witnesses;  or  upon  the 
vieA-  of  any  justice  within  the  respective  coun- 
ties, where  the  fact  shall  be  co.mmtred. 

X+  If  any  person  or  persons,'  keeping  a  public 
nouseor  inn,  or  retailing  liquor^,  as  aforesaid, 
shall  trust  or  credit  any  person  forliqnors  retail- 
under  e(\f  or  oljier  eKpen^es,  above  three  dollars,  as 
aforesaid;  or  shall  presume  to  sueany  such  per* 
son;  of  sltnll  ariest  or  attach  any  bond  servant, 
for  a:iy  debt  contracted  for  liquorsor  acconvmo- 
djtio.is,  knowing  such  persoti  to  be  a  servant, 
and  after  he,  she  or  they  have  been  warned  of 
cautioned  not  to  entertain  such  bend  servant,  as 
aforesaid/  all  such  actions  aid  suits  shallabate? 


[TOT] 

andthepersonsn^d,  and  the  master  or  rnisrress* 
in  behalf  of  such  bond  servant,  or  il^e  servant, 
lim  or  herself  being  sued  as  aforesaid,  shall  and 
rnayplea.^  this  law  in  bar;  and  iheieppnn,  ihe 
plaintiff  iri  such  suit  shall  become  non  suit,  and 
p«iy  double  cost 

XI*  The  scveial  fines  imposed  by  tins  law 
shall,  on  conviction,  be  lev  ltd  by  execution  on  Cifpofinon  of 
the  offender's  goods ;  or  his,  her  or  ll;eir  per-  the  /evcra^ 
sons  shall  be  ccihii.ilted  to  li  e  coimly  jail,  un- fiue*' 
ill  rhesa  7e  be  paid.  And  ail  lines  and  forfeit- 
ures recovered  by  virtue  hereof,  whirl)  are  not 
<nther\\i;>e  appropriated  by  law,  shall  be  applied 
in  manner  following,  That  is  IO  say;  the  me 
irioieiy  (heieuf,  shyiibepaid  lo  the  father, mother, 
guardian,  niasler  or  mistiess,  of  the  minor  or 
6uvant  entejlained,  as  aforesaid,  or  to  the  ser- 
vant himseH  as  the  justice  of  the  peace  iray  di- 
lect:  the  oilier  moiety  shall  be  paid  lo  the  over- 
seers  o I  the  pooi  ot  the  low nt hip  or  place,  \vheie 
the  offence  is  committed,  for  the  use  ol  such 
poor. 

XII.   Nothing  herein  contained  shall  extend  lo  Perfon?  holding 
persons  now  Jro,diiig  licenses  under  the  existing  liccnie*  no* 
laws,  tmiii  ike  expiration  of  such  licenses.  now  expired, 

are  not^vithtn 
"  "••«•.•  um;r>ragu^:~nrrnr mim    ,  tlie  pur\iew 

hereof. 

THE  forrgcing  is  hereby  declared  to  be  a  law 
cf  rl:e  Territory  ;  to  take  effect  on  and  from  the 
fcfimj th  day  of  August,  next  ensuing;  /A  TES. 
T/AtQKr  wheieof,  \\-e  Arthur  Si.  Clair, 
Jo  fin  Cleves  Syrnmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  onr  names. 

AR.  ST.  CLAIR, 
JOHN  f  .  S^  MMJiS. 
G. 


[102] 

TERRITORY  OF  TH£  UNITED  STATES 
OF 


A  LAW  establishing 

clefs    Cftice     sldnpted   /nun 
the  Pennsylvarunn  c»de*  avl 

\  °/ ft*         ]      published  at    Cin^lnnall^llte 

'i    day  of   'tin,*^   n/is 

./         .' 

t./,  ssvefilutn  hr-f  an  / 
si    by      Arilinr  St. 
Glair,    gwertinur*    and  Jc)liii 
M  ST,  Cm*,          C.leves   S>  mines    and    Geonie 

1^.    ikA^CvAt^ca  & 


///<?  said  Teffitor.: 


'  or.  Sect.  I.   nrHERE  shall  bean  office  of  record 
iiiL<.a  A 


shall  be  called  and  stiled,  the  Recorder's  Office, 
and  shall  be    kept  in  some  convenient   place  in 
da-  ^e  sa^   respective  counties  rand    the  recorder 
tit*.  shaH  duly  attend  the  service  oi  the  same,  and  at 

his  own  proper  costs  and  charges.  shall  provide 
paichtnent,  or  good  large  books,  pf  royal  or  ot  liec 
large  paper,  well  bound  and  covered;  wherein 
he  shall  record,  in  a  fair  and  legible  hand,  all 
deeds  and  conveyances  which  sballbe  brought  fo 
him,  for  that  purpose*  according  to  the  true  in* 
tent  and  meaning  af  thi$  law. 

II    All  deeds  to  be  recorded,  in  pursuance  off 

Wt»«t  woriin  in  ihis  law,  whereby  any  estate  of  inheiitanee,  Ja 

dccd%  ihail  paf*  fee  simple^  shall  Iiereafler  be  limited  fothe  giant- 

iUcfce^&c.        or  and   his  heirs,  the  words  grant,   bargain,  sell, 

shall  be  adjudged  an  express    covenant    to  tha 

grantee,  his  heirs   and  assign*;   to.wit  ;  that  ibe 

graiitor  was  seized  of  an   indefeasible  esrajtv.iri 

fee   simple,  freed  from    ineumbrances   done  or 

safhi'ji    frjin^tlic   grAator  (except  the  rents  and 


r  «n 

services  that  may  ba  re^erv^d"  as  also  for  quiet  en- 
joy ne.it  ogainst  the  gran  tor,  his  heirs  and  assigns  : 
unless  li  mired  b.>  express  words  contained  in  sucli 
deed  ,  and  that  lh<;  grantee,  his  heirs,  executors, 
ad.n'ni-tra'ors  and  aligns,  may,  in  any  action, 
a^i'^n  breache«,  as  if  Mich  covenants  were  ex- 
press!.) i.iseited.  Provided  always,  that  ibis  law  Provifo. 
sh.ilUiut  e\rend  Jo  leases  at  rack  rent,  orlo  leas- 
es not  e  <cee  ling  one  and  twenty  year?,,  where 
tiic  actual  possession  goes  .with  the  lease: 

IH.   I/  any  person  shall  forge  any  entry  of  the 
acknowledgments,  cfilili  rates  or  indorsement,  f^'ing 
ivheichy  rhe  freehold  or  mherilam  eof  any  man  kno«ieJgaient» 
may  -bo  c  harmed,  he  shall  be  liable  to  the  penal-  &c- 
ties  against    formers   ot  false  deeds.     And  if  any 
person  shall  perjure  him^eU,  in    any  of  the  caces 
herein  above  mentioned,  he  shall  incur  the  like  Pcrjur7- 
penalties  as  it  the  oath  %  or.  a  f  Urination,    had  been 
in  any  court  of  record. 

IV.  Every  mortgagee  ofany  real  or  personal  es-  Stt-I8faaion  of 
lates,inthis  Territory,  having  received  hill  satis-  mortgage*  \o 
/action  and  payment  af  allsnch  SUIM  and  suinso'f.^c  enured. 
money  as  are  icaiy  due  to  him,  by  such  mortgage, 

shall,  at  the  request  ol  rhe  mortgager,-  enler  satis- 
faction upon  liie  margin  of  the  record  of  such 
mortgage,  recorded  hi  Hie-  said  office  ;  which 
shall,  rurever  Uiereafter-  discharge,  defeat  and  re- 
lease the  same/  and  shall,  likewise,  barall  actions 
brought  or  to  be  brougt  thereupon. 

V.  And  it  -such  mortgagee,  by    himself  or  his 
attorney,  shall  not,  within  three  months  after  re-  Penally  on 
c]  nest  and  tender  made  for  hi  reasonable  charges, 

repair  lo  the  said  ofH<  e.  and  there  make  acknow- 
ledgment, asaforesaid:  fce,  she  or  they  neglecting 
so  lo  do,  shall,  for  every  such  oifence  foifcit  aud 
pay  unto  the  parly  or  pailies  aggiie\eJ,  auy  sum 


U  104  j 

llie  mortgage-  money:  fo  be  recover 
ed  in  any  court  oi  record,  b^  bill,  plaint  or  infor- 
mation. 

VI.  Theresliall.be  appointed  a  recorder  in  eve* 
ry  county  now  or  hereafter,  tobeerected.  But, 
before  any  of  llie  said  recorders  enter  upon  iheir 
respective  offices,  I  hey  shall  become  bound  to 
tlie  gyvernour  arid  his  successors,  with  one  or 
inore  sufficient  siue-fie.?,  in  a  bond  for  hfleen  him* 
corlty/io  -1500  d  red  dollars*  conditioned  for  the  true  and  failli- 
fnl  execution  oHiis  oftiee,  'and  for  delivciing  :  vp 
•tlie  records  and  other  writings,  belonging  to  the 
said,  office,  whole,  safe  and  imciefcctd,  10  his 
successor  in  the  said  offire.  \Vhiih  said  ie^p(  c« 
live  bonds,  sliall  be  Tiled  in  the  secrctar)  's  office, 


to  have  a  re- 
corder. 


He  to  0?vc  fe- 


And  file  the        an(j  there  safely  k^pt,  in  orJeiMo  be  made  u^e  of 

bo^d  with  the 

iecretary, 


ng 


for  making  satisfaction  to  llie  pal  ties  that  shall 
be  damnified  or  aggrieved,  as  is  or  shall  be,  m 
such  cases  directed  by  law, 

Vlf,  And  no  recorder,  whatsoever,     now    cr 
hereafter  appointed,  as  aforesaid,  shall  enter  up- 

renaltyonre.    on?  Or  officiate  in  his    said  office,  beloie  he  r.a.h 
ci>rder    ofhciatr     .  .  .  .  .  .  . 

oikerwifc.  glv'*n  SIIC-"  security,  as  aioiesaid;  upon  pain  or 
forfeiting  the  sum  of  three  huiidi  eddollais  \  ojie 
Lalf  to  UieTenitory, and  the  other  half  to  i  im 
or  them  that  shall  sue  for  the  same,  to  be  reco- 
vered as  aforesaid. 

VIII*  All  deeds  and  conveyances,  which  shall 
be  made  and  executed  within  this  1  errriiory,   of 
ac^  or  concerning  any  lands,  tenements  or    heiedi- 
and  laments  therein,  or  whereby    the  same    may  be 
how./  any  way  effected,  in  law  or  equity,  shall   be  ac- 

knowledged by  one  of  the  granlorsor  bargoiirors, 
or  proved  by  one  or  more  of  the  subsc  libing  wit- 
nesses to  such  deed,  before  one  of    the  judj»**fc of 
the  General-court,  or  be  lore  one  ol  the  >usUvcif4 


the  court  of  Co  turn  on  pleas  of  the  county  where 
the  lands  conveyed  do  lie:  and  shall  be  record- 
ed in  the  Recorder's.  Oftif  e  oPrhe  county,  w  her© 
such  laud's  or  hereditaments  are  lying  and  being, 
within  twelve  monlhs  after  ihe  execution  of  sue  a 
deeds  or  conveyances  I  and  eveiy  such  deed  and 
t«Miveyan<e-:ii«il&halli  at  any  time  after  the  pub- 
1}  art'*.*  It-  reuf,,be  nuu  lea  ml  executed,  <*nd  which 
fch-.-.H  vo^  he  pox  e;<l  and   lecoitled,   as  afotesaufr 
Eiiuil  i)tf  a  Iju*l££jJ  fraudulent  and  void  against  a- 
)?}     Mibsotjuei.'t  pure  baser,  or  Hiorlgpgee,  for  va* 
.  linble  conndoralioit  t  un'ebs  surh   deed  or  con-  *'*? 
\e>ance   be    rccdniecl,  as  afoiesaid,    before   the  c 
pioving    and    rrcorjlin^  of  I  he  deed  or  convey-  t 
aure,  nn<!er  winrli  HJ«C  !i  subsequent  purchaser  o* 


.  Where  the  gi  an  tors  andwltnesses  of  any  How 
or  conve)aiu-e,  are  deceased,  or  cannot  be  wiicrf 
had,  it  sliail  and  may  be  lawful  to  and  for  the  arcdc'^. 
jiidges-of  the  General  -court;  or  any  justice  ohhe 
court  of  common  pleas  of  the  county  where  the 
lands  lie,ro  take  the  examination  of  any  witness 
orwifness.es^onoalh  or  aWirmation,  to  prove  the 
Band-writing  of  s  it  c-h.  deceased  witness  or  witnes- 
ses :  or  where  such  proof  can-not  .-be  had,  then  to 
prove  ihe  hand-  wrilmg  of  r  he  gran  tor  or  gran  tors  r 
TV  hich  shall  be  certified  by  the  fudge-orju&lire,  be- 
fore  vvhomrsiich  proof  shall  be  made:  and  sucfi 
deed  or  conveyance,  being  so  proved;  shall  be 
recorded  as.  is  usual,  in  other  cases  directed  a« 
Love  by  this  law,  Dut!ea  °rthe 

,T.hver.y  recorder  shaJ.I  kef  p  a  hir  boojc,  in/' 
which  he  shall  immediately  makean  entry  of  eve 
ry  deed  or  writing,  brought  into  his  ofTice  to  be 
recorded  ;  mentioning  therein  the  dale,  the  par- 
Ms,  and  the  placewlieie  the  lands,  tenements  or 
hereditaments,  gran  ted  or  conveyed  by  the  said 


fio6  ] 

deed  or  writing,  are  situate;  elating  the  same  en- 
Iry  on  the  day  in  which  such  deed,  or  vtriting 
was  broil  all!  in  to  liis  ofhce  ;  and  shall  lecord  all 
SHch  deeds  and  writings,  in  legular  sin  cession, 
according  to  their  priority  or  lime  in  being 
brought  into  the  said  -office  ;  and  shall  also,  im- 
mediately, give  a  receipt  to  the 'peison*. biingug 
such  deed,  or  writing,  to  be  recorded,  !beaiing 
dale  on  the  same  day  *wilh  ihe  eniry,  and  con- 
taining the  abstract  aforesaid  ;  for  vvlmli  cmry 
andieceipt,  he  shall  lake  or  receive  no  fee  or  re* 
ward,  whatever.  And  if  any  recorder  shall  re- 
cord any  <lee<l,  or  writing,  befoie  anolher  first 
brought  into  his  office  to  be  iccoided,  or  in  any 
other  manner  lhan  is  herein  directed;  or  shall 
neglect  or  refuse  to  make  si/chair  en  trj  ,  or  to  give 
such  a  leeeipt  as  is  herein  bfope  directed  :  or  shall 
directly,  or  indirectly,  take  or  receive  any  feeorre- 
waid  forsnch  entry  and  receipt,  or  either  of  Jhem: 
he  shall  fop f'eil  and  pay,  for  every  such  offence, 
asum  not  exceeding  thiee  hundred,  nor  less  than, 
one  hnndj^d  dollars:  one  half  to  the  use  of  the 
T  erritory,  .and  the  other  half  to  hjrn  or  l,hein  that 
shall  sue  for  the  same :  to  be  recovered  in  any 
court  of  record,  by  action  of  debt, 'bill  or  plaint, 
wherein  no  essoin,  protection  pr^wager  of  law, 
or  more  lhan  ofteirn parlance,  shall  be  granted, 

^••••••••^••••••MMtfP'V^ltMH-w:-. 

'THE  foregoing  tsliereby  Declared  rbbe  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  of  August,  next  ensuing  :  IN  TES- 
TIMONY whereof,  -we  Arthur  St.  Clair, 
John  C/eves  Sjinmes  and  George  7  umer*  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  aad  signed  the  same  with  our  names. 

Ah.  ST.  CLAJH, 
JOtfN  C.'TfMMES, 
G.       T-URNLR. 


[107] 
UN1TEI 

HORTH-WEST  OF  THE  OLHO, 


TERKTTOTIY  OF  THE  UNITED  STATES  7 


A  LAW  for  raising  County; 
Kates  and  Levie?,  Found- 
ed o/z,  and  Adopted  from 
the  Pennsylvanian  code*  and 
published  at  Cincinnati,  the 
nineteenth  day  of  June, 
An. ST.  CLAJR,  ons  thousand,  seven  hundred 
JOHM  c.  SYMM€S,  anfl  rtinntf-five  ;  by  Arthur  St, 

c-  TPR**B: ciair,    governtur,    and    John 

Cleves  Symmes  and  George 
Turner  judge**  in  a»d  over, 
the  said  Territory; 

Sect.  I.  HTHREE  commissioners  shall  te  »- 
1     pointed  in  every  county,  in    the 
following  manner,  loc«rrythis  law  into  eftect;  oncrrs  in 
and  the  eldest  or  first  ^  them  named  0.1  the  list,  county, 
and  so  onward,  shall  be  successively  changed,  by 
a  new  commissioner  being  appointed,  yearly  in, 

his  stead. 

II.  The  justices  ofthe  court  of  General  quarter- 
sessions  oftbe  peace,  at  their  first  generalsessions,  Tobe  appoint* 
next  after  the  first  day  of  January,  yearly  ande-  J^^JfoJ.  jj 
very  year,  on  the  first  day  of  the  term,  and  next  quartcr-fcffions 
after  their  having  sworn  and  charged   the  grand 
jury,  shall,  in  every  county,  proceed,  to  nomi- 
nate and    appoint  tluee  discreet  and  reputable 
freeholders  of  thecdunty  ;  who  shall  serve  in  the 
capacity  o[  commissioners  for  the  county,  for  one 
year  from    the  time  of  their  appointment:  And 
the  justices  of  the  peace  for  the  several  counties, 
in    their  said  generalsessions.  shall,  in  like  man- 
ner, yearly  and  every  year  afterwards,  appoint 


C  i°8  ] 

one  new  commissioner  in  every  county;    • 
shall  supersede  the  first  named  commissioner  for 
the  preceding  year, 

III,  The  free  male   inhabitants   of  the  sevei 
of          townships   shall,  on  the  thud    Tuesday  in  K 
^"bc^lfofefl^   vember.  yearly  and  every  year,  assemble  at  some 
B0*      convenient  and  best  inhabited  part  of  every  town- 
ship,,  to  be  pointed  out   by  the  constable,  and  e* 
lee t  by  ballot,  viz,   by  writing  on  a  piece   of  pa- 
per,  the  name  of  one  person,  who  he  prefers  lo 
te  assessorof  the  township  for  the  year  ensuing, 
and  delivering    the  same    to  the  three  judges  of 
the  election,  to  be  previously  chosen,  viva  voce, 
by  the  said  inhabitants,  so  assembled  :  which  bal- 
lotlhe  said]udges,  or  one  of  them,  shall  recei^ 
and  keep  safe  in  some  box,  or  close  vessel,  until 
all  the  ballots  tendered  lo  them,  or  any  oflhem, 
that  day,  are  received.     And  on  examination  ot 
the  ballots,  the  person  having  the  greatest  num- 
ber ol  votes,    being  a  freeholder  of  good  fame, 
shall  be  considered,  respected  and  attended    to, 
as  the  assessor  of  such   township,    for  the  year 
ensuing.    And  a  certificate  of  the  election  of  such 
assessor,  in  every  township,  shall  be   immediate- 
ly made  ouMand  signed  by  the   three  judges  of 
tne  election  ;  and   by,  at  least,  six   more  free- 
holders :   and  they    shall  return  the  same  to  the 
justices,  at  their  general  sessions  of  the  peace,  in 
every    county,    held   next    after  such  election 
Which  return  shall  be  entered  on  record,  by  tl  f 
clerk  of  such  sessions,  in  their  minute  book' 

IV.  Before  any  of  the  said  commissioners  ano 
assessors,  so  appointed  and  chosen,  shall  take  up- 
on them  the  respective  duties  and  services,  by 
this  lawreauired,  they  shall  be  qualified  by  oath, 
or  affirmation,  ia  the  form  following,  viz, 


[  **9  1 

Ton  (naming  the  person)  shall  well  and  truly 
raiise  the  debts  of  the  county  lo  be  speedily  ad-  Tr!1Jloncr.  _ 
-tsted,  and  the  rates  and  sums  of  money,  by  a floors  •• 
*/w  imposed,  to  be  duly  and  equally  assessed  and 
.levied,  according  lo  the  best,  of  your  skill  and 
{knowledge;  and  therein  you  shall  spare  no  per- 
\son  for  favor  or  affection,  nor  grieve  any  person 
for  haired  or  ill  will:  So  help  you  God.  Which 
qualification,  or  engagement,  any  two  or  more 
of  the  justices  of  the  peace,  in  the  proper  coun- 
ty where  such  assessments  are  to  be  made,  shall  Bywliotn  adrai. 
have  power,  and  are  hereby  required,  under  the  ^r<d>tl1 
penalty  of  six  dollars  a  piece,  to  administer  when 
called  upon  :  And  the  said  qualifications -shall  be 
put  in  writing,  and  signed  by  those  who  take 
them,  and  certified  by  the  justices,  and  filed  by 
the  clerks  of  the  sessions,  along  with  the  return 
of  the  persons  elected,  as  aforesaid,  as  assessors. 

V,  Piovided  always.    That  when    the  inhabi- w        ^.^g 
tanls  of  any    of  thesaid    townships  refuse  or  ne-  in  fefllon  majr 
gleet,  for  the  lirst   year,  to  choose  assessors  ac-  appoint aflcf- 
cording  to  the  directions  of  this  law  ;   then  and  in  fcrs- 
every  such  case,   the    justices  of  the  peace,  in 

the  General  court  of  quarter  sessions,  shall  ap- 
point an  assessor,  or  assessors,  for  the  delinquent 
township  or  townships;  and,  m  every  year  after 
the  first,  the  assessor  who  officiated  the  year  next 
precedingsuch  neglect,  shall  continue  to  officiate 
in  their  respective  stations,  until  another  election, 
be  made,  according  to  the  directions  of  this  law. 

VI.  The  said  commissioners  and  assessors,  or 

a  majority  o(  them,  as  soon  as  conveniently  they  ^7flflr07s7 
can  alter  they  are  qualified  as  aforesaid,  shall  an-  fcaii^dit  ^ 
nually  meet  at  the  place  where  the  quarter  sessi-  county  ac* 
ons,  and  other  cor.rts  are  usually  held  ;  and  then  counts, 
and  there,  oral  such  other  times  and  places  as  the 


[no] 

commissioners,  or  a  majority  of  them,  may  then 
after  appoint,  shall  calculate  the  public  debts 
and  charges  of  the  said  respective  counties,  al- 
lowing all  just  debts  and  demands  which  now 
are,  or  hereafter  shall  be,  chargeable  upon  the 
said  respective  counties;  and  shailr  from  time 
lo  time*  adjust  and  settle  the  demands  and  sums 
of  money, -which  justice  and  public  convenience 
»8Tefc  iro-  require  should  be  raised,  yearly r  to  defray  the] 
Bie»  for  build*  charges  of  building  and  repairing  of  eaurt-hous- 
pafriugd  P«bUc  es'  Pr£sons'  work-houses,  bridges,,  and  cause-; 
work*,  aud  the  ways  at  the  e.nd  of  budges,  or  for  destroying 
wolves,  foxes  and  wild- ca Is,  with  such  olher  us- 
es  as  |rjay  rec|ound  to  |he  public  service  and  he* 
iiefitafthe  said  counties,,  respectively  r  And 
shall,,  also,  ascertain  and  set  down  such  com pe- 
lentsum  and  sums  of  money  as  shall  be,  yearly, 
applied  towards  any  of  the  said  services^  lage- 
iherwilli  smhsums,  as  may  benecdful,  to  make 
good  deficiencies  in  county  rates  assessed,  and 
not  then  (and  which  probably  could  not  be)  eol~ 
lected  ;  and  to  enforce  the  collection  thereof,  as 
occasion  may 'require* 

VII.  The  said  commissioners  or  two  of  them, 
to  ^n  evei7  county,  shall  within  six  days  after  their 
certify,  yearly  said  annual  meetings,  issue  forth  their  piecepls, 
10  the  comiifi-  directed  to  the  constables  ofevery  township,  re* 
™c**ofe  rr"1'1  9u^"ng  them  to  bring  lo  ihe  said  assessors,  with, 
fons  &  eftmates  in.  six  weeks  next  alter  the  da.te  of  such  precepts^ 
'with in  their  lair  and  true  certificates,  in  willing,,  upon  their 
oaths  or  affij  matrons,  of  the  names  and  sur  name* 
of  all  and  every  the  free  persons  dwelling,  or  re- 
tiding  within  the  limits  of  those  townships  or 
places,  with  which  they  shall  be  charged:  &  ihe 
names  of  all  free  men,  in  males,  hired  servants  (be« 
ing  twenty  one  years  ofa^e)  ^  whether  DiofiuhleQ 


[  III  ] 

chargeable  to  theemployeTS,  and  all  persons  re- 
sidin^  or  sojourn  Ingni  every  of  the  said  townships/ 
to2>eihei?  with  ait  account  ot  what  tracts  di  par- 
cels of  land  and  tenements,  houses,    eabbins  or 
other  buildings  wherein. people  d welJr  with  their 
peculiar   advantages^  as  more  or  less  valuable, 
vvhich  they  hold  in  such    townships  ;;   and  how 
many  andwhat  parts  of  those  tracts  ©f  land  Chou- 
ses and  cabbinsr  are  settled    en,  or  rented,,   im- 
proved or  cultivated;  and  how  much  of  the  same, 
tartd  is  sowed^  planted  or  improved ;  find  all  wa- 
rer«rn Life,,  whether   for  grinding  or  sawing  ;  and 
all  fulling- mills  and  oil- nulls;    and 'all   keel  and 
batteau-btult  boats,  of  the  burthen  of  twenty  bar- 
rels and  upwards  ;   and  every    ferry,    and  other 
species  of  property,  producing  a  yearly  income  ,- 
and  Uow  many  bound  servants,  and  of  what  sex, 
rath  theirages,  arid  what  stock  of  cattle,  horses 
and  mares,  each  rising  three  years  old,  they  pos-| 
sesG  without  concealment,  fear,  malice,  favouror 
affection,  upon-  pain   of  forfeiting  any  sum  not 
exceeding  twelve  dollars  ;.  to  be  levied  as  by  this 
law  is  appointed  and  directed..     And  every  of  the 
said  cons  fables  shall,,  by   au  order  horn-   one  or 
more  of  the  said  commissioners,  haveandreceive  Penfatum* 
!from  thetieasurersof  the  said  counties,  five  cents 
for,evety  three  dollars  assessed,  for  their  care  and 
trouble  in  executing  and1  returning  the  said  pre- 
cepts, in  manner  aJoresaid*     And'    the  assessors 
for  the  said  respective  townships,  or  a  majority 
or  ifietn^  meet  at  the  day  and  place  where-  the  AiTeffiTrt,  en  rr> 
oomtuisMDfief?*   precepts^  to  the  constables ^are.ceiving  'ci.ntta^ 
jnaderelaniabla,  and  then  and  there  receiveltha  bs:ti>  returns, 
cansrables^    returns,  and  shall,  thereupon,  Jb^^S.  & 
the  oaths  or  affnma.tioris  of  the  said  eons^bL-s,.  icvu/,  &  how, 
or  other  credible  persons,  or  by  any  olher  lawiul 


ways  or  means,  inform  themselves  what  persons 
and  estates,  in  their  respective     tow  lu  hips,  are 
rateable  by  virtue  of  this  law  :   and  tlie  yearly  va- 
Itie  and  profit  accruing  from  the  same  :  and  shall 
forthwith,  equally  and  impartially,  assess    them* 
selves  and  all  others  rateable,  as  aforesaid  :    hav- 
ing regard  to  the  said  yearly  value  or  profit,  and 
exempting  out  ot  such  assessments,  all  unsettled 
and  unimproved  tracts   or  parcels    of  land  :  and 
having  due  regard  to  such  as  are  poor  and  indi- 
gent,    And   no  single  man  who  at  the  time  of 
assessment,   is  under  twenty  one  years  of  age,  or 
lurh  not  been  out  of  his  servitude  or  apprentice- 
ship  six  months,  shall  berated  by  this  law.     But 
as  to  those  single  men  whose  estates  shall  not  be 
rated  at  one  hundred  dollars,  they  shall  be  assess- 
ed after  the  rate   of  fifty  cents  a    head,  upon   a 
tax  of  twelve  and  a  half  cents,  per  two  hundred 
dollars;  both  for  poor    rates   and    county    le- 
vies. 
.      VIII.  Provided  always^  That  no  assessments 

p».ot  to  exceed      t  111*  /    i  •     i 

7>  cent«  per  P*  county  rates,  to  be  made  by  virtue  of  this  law, 
toodoliars  and  in  any  oneyear,  shall  exceed  thevalue  of  seven- 
one -dollar  per  fy  five  ceilis  in  every  two  hundied  dollars,  in 
c  *  tlie  estimate ;  and  one  dollar  per  head,  on  single 

men,  not  having  visible propeity   to  the  amount 
or  one  hundred  dollars,  real  value. 
Duties   of  juf.       /^  Whenever  any  Wolves,  Poxes  or  wild-cats 
tice«Aa«  to  wild  are  killed  within  the  inhabited  parts  of  any  coun- 
aninuli  killed.  tv>  by  the  citizens  thereof,  he  or  they  who  kill 
such  wolves,  foxes  or  wild'cats,  may  bring  the 
Iieads  of  them  to  some  justice  ofthe  peace  for  the 
Cvjimty  where    they  are   killed;  who  is    hereby 
empowered  and  required,  to  examine  the  parties 
producing    such  head  or  heads/  or,  at  the  dis- 
cretion oi  die  said  justice,  to  charge  him  or  them., 


iipon  oath,  or  affirmation,  to  declarer  here  those 
vvolves,  foxes  or  wild-cats,  whose  heads  they  so 
produce,  were  killed  and  by.  whom  :  and  if  it 
shall  clearly  appear,  to  the  satisfaction  of  such, 
justice,  that  those  heads  were  severed  frcm 
wolves,  foxes  or  wild  cats,  so,  as  aforesaid,  pro- 
ducing the  same;  &  wilhin  the  inhabited  parts  of 
the  county;  the  justices,  before  whom  suchexami- 
Tiation  is  taken,  shall  cause  the  tongues  and  cars 
of  such  heads  to  be  cut  off,  and  upon  proof  trade 
as  aforesaid,  and  not  before,  sl'all  gran  tan  order 
upon  the  treasurer  of  the  county,  where  such 
wolves,  foxes  or  wild-cats  aie  killed,  reciting 
therein,  the  si.bslanceof the  proof,  and  requiring 
the  treasurer  to  pay  the  paity  after  the  rates  here- 
in after  appointed,  for  each  head;  that  is  lo» 
say  : 

For  every  grown  dog  or  bitch-wolf,  two   dol-  Ratt9  ef 
lars  :  ment  for  their 

For  every  wolf  puppy,  or  whelp,  one  dollar;    head$- 

For  every  grown  fox,  or  wild-cat,  twenty  five 
cents  i 

For  every  young  fox,  or  young  wild-cat,  twelve  r 

i      i     ,r7  ;  '  °  Treafurers    -to 

and  a  half  cents.  ro.ke  entries 

The  said  respective  sums  of  money,  with  the  thereof, 
names  of  the  persons  to  whom  payable,  and  ihe 
particular  uses  to  which   they  are    appropriated, 
shall  be  entered  in  a  book  to  be  kept  by  ihetrca 
eurers  of  the  respective   counties,  tor    that  pur- 
pose :    who  are  hereby  required    at  their   own 
charges    to   provide  books  wherein  they    shall  c*rtifiby 
make  such  en  tries  accordingly. 

X.  All  accounts  of  debts  and  demandsjustly 
chargeable  upon  the  said  respective  counties, 
shall  be  allowed  by  a  majority  of  thecoinmisson- 
ers  and  assessors  of  the  same  counties  •,  who  shall 


C  M4] 

certify  sncn  allowance,  accordingly,  by  indorse* 
ment  on  the  accounts  ;  and  shall  cause  the  n  am  eft 
of  the  creditors,  and  the  sums  so  allowed  them,, 
to  be  entered. in  a  book,  which  the  said  commis- 
sioners shall  prepare  and  keep  for  that  purpose,  atfc 

to^bcTYpporot-'the  charge  of  thesaid  respective  counties. 

ed.  XL   The  said  commissioners  and  assessors  at$ 

•their  firstannual  meeting,  shall  appoint  pome  fitt 

person,  in   ev«ry  township,   to  be  collectors  oft 

•thesaid  assessments,  from    time    to  limo:     and! 

shall  cause  fair  duplicates  ofihe  assessment  of  eacht 

township  to    be  drawn      one    part  thereof  shall,, 

Thei   r  duties,  by  the  clerk  who  writes  the  same,   be   deliveiedl 
to  one  of  the  said  commissioners  of  the    proper 
county,  and  the  other  part,    to  the   collector  off 
each   township, -with    directions  from   the  saidi 
commissioners  to  every  such  collector,  indorsed 
on  his  duplicate,  or  annexed  thereunto,  requiring; 
him  to  demand  of  the  parties,  the  respective  sums* 
of  money  wherewith  they  are  charged  ;    and  ac- 
'-quaint  them  of  the  day  of  appeal,  which  shall  be  ap> 
.pointed,  by  the  commissioners,  within  one  month 
)  after  thesaid  assessments  are  made.     But,  where: 
Uny  of  the  said  collectors  cannot    meet  with  the: 
'party,   of  whom  demand  is  to  be  made,  as  afore- 
said, he   or    they  shall. leave  notice,  in  writing, , 
\vith  some  of  the  family,  or  at    the  place  of  the: 
.party's  last  abode;    signifying,   also,   the  day  o(! 
appeal:   at  which   day  every  of  the  said   collec- 
tois   shall 'return   their  said  duplicates  with  the 

Partle«  aggrtev  'namesof  such  persons  and  value  of  such  esralesi 
may  appeal       ^£\    be  concealed,  undervalued,   or   omitted; 


to  the  .  . 

oneri.  in  the  constable  s  return. 


XLL  If  any    person    or  persons  find  him    or 
Cbert*.  themselves  aggrieved  with  any  ofthe  said  assess* 

ments,  supposing  the  same  to  be  unequal,  he  or 


*  tkey  may  appeal  to  Hie  said  commissioners  ofllie 
a  proper  county    who  are  hereby  required  to  meet 

on  the-* said  clay  of  appeal;  arid  then  and  there 
>  theV^sessors.,  shall  attend  and  lay  before  ihe 
I1  commissioners',  all  the  written  certificates  of  the 

names  of  the  persons'subject  to  the  tax:  with  the 
^account  of  their  several  estates  returned  by  the^ 
!  constables,^  as  this  law  requires  ;  together  wkh 
!  the  particular  valuations  set,  by  the  assessor,  up4 
I  on  the  persons  and  estates.,  so  returned.  WhereH 
i  upon,  the  commissioners  shall  take  due  notice. 
.  thereof,  and  strictly  examine  the  persons  appealA 
i  iug  upon  *  iheir  oaths, •*  affirmations  or  other- 
[  wise,  concerning  the  cause  of  their  appeal:  and 
1  upon  such  examination,  orproof of  others,  they. 
1  are  hereby  empowered  to  diminish  or  add  to  such 
^  persons'  rale  or  assessment,  as  to  lhe.%n  shall  seem, 
5  just  and  reasonable;  with  power,  also  to  call  be- 
$  fore  them  such  persons,  and  to  take  notice  of 
'  such  estates  as  they  find  are  omitted  in  the  said 
1  assessment,  in  order  loiecliry  it.  If  the  persons 
1  so  omitted,  refuse  or  npglect  to  appear  and  give 
1  an  account  of  the. value  of  iheir  estates,  they, 
I  shall  pay  double  the  suiti  they  shoulder  ought 
'  to  have  been  rated  at  by  this  law. 

;V  Xllf*  The  said  commissioners,  upon  hearing  v^  ^ 

•    f.   i         .  !  -i         i    11  '  r  i-  • "  rurtner  pro> 

ofthesaid  appeals,  shall  rectify  and   adjust  ihe  cccdiocs.^" 

ij  said  assessments,  by  abating  on,  oradding  to  the 
sums  contained  in  the  said  respective  duplicates;, 
and  cause  their  clerks  to  give  the  parlies  concern*' 
!   cd,  where  omissions  are    supplied,    or  additions 
1  made  to    their  assessments,  five  days  notice,  lo 
'  appear  before  the  commissioners  and  make    their 
objections  thereunto:    and  the  said  clerks  shall, 
•within  ten  days  next  after  the  said  clay  of  appeal, 

deliver    to  the    treasurer  of  ihe  said  respective 

o 


Dottct  in  ee«~ 


eo'.mties  a  true  accountof  the  sums  total  thatev 
ry  collector  shall  be  charged  with,  pursuant  I 
this  law. 

XIV.  The  said  commissioners  snail  cause  tftei 
clerks  to  draw  fair  duplicates,  of  the  assesmentso 
the  said  townships,  so  rectified  as  aforesaid,  an 
deliver  them  to  Uie  collectors  ol  those  townships 
where  they  belong,  within  twenty  days  after  the 
said  day  of  appeal,  with  a  warrant  annexed  there- 
unto, under  tne  hand -and  seal  of  one  or  more  of 
the; commissioners  who  signed  the  assessment?, 
lequiring  them  forthwith  to  collect  and  receive, 
from  ihe  persons  assessed,  the  several  sums  in 
the  said  duplicates  respectively  mentioned,  either 
in  ready  money,  orders  of  the  commissioners  on 
ihe  county  treasurers  for  services  rendered,  la« 
boue  done  or  materials  furnished  to  and  for  the 
use  of  the  counties  respectively,  or  orders  of  the 
Justices  of  the  peace  for  wolves,  foxes  or  wild-cats* 
heads,  warranted  by  this  law. 

xr.  The  said  collectors  shall,  once  in  every 
six  weeks,  at  least,  render* just  and  true  account 
of,  and  bring  in  and  pay  unto  the  respective 
co«nty  treasurers,  all  such  sums  of  money,  and 
orders  on  the  said  trea*urers,as  they^  shall  have 
ihen  received ;  and  shall  pay  the  whole  and  e- 
very  of  the  suras  «f  money  assessed  in  their  res- 
pective  duplicates,  within  ihree  months  next  af* 
ter  the  said  days  of  appeal;  and  the  treasiuers  shall 
give  receipts  to  I  he  collectors  for  \\hat  ihey  shall 
so  bring  in,  and  pay  Ironi  lime  to  lime*  Whieh 
receipts  shall  be  the  collectors'  discharge  for  so 
much* 

•X^/.  The  said  treasurers  shall,  from  rime  lo 
certify  the  fame  tjme?  signify,  in  writing  to  the  said  commissioner?, 
mujh  every  collector  brings  in  and  paj  s>  as 


C*!tedorf  to  - 
pay,  e-vtry  fix- 
'weeks,  public 
monies,  &c. 
to  the  county 
tteafuricft* 


to 


aforesaid.     And,  when  any  of  the  said  collectors  tfce  nt£le&8  of 
.-are  negligent,  or  refuse  to  do  their  duty  in  the  pre-  celled*™., 
jnises,   the  treasurers  are  hereby  required  forth- 
•with  to  signify  the  same,   by  way  of  complaint 
lo  thecommissioneri,  where  such  neglect  or  refuc 
:  sal  shall  happen. 

XVU.  If  any  person  or  persons,  so  rated  or  as*  Pc"r^<>«'  afTefled 
:isessedby  virtue  of  this  law,  shall  refuse  or  ne-  ™*  fc^"*  ^ 
loot  to  pay  the  sum  orsums  so  assessed,  in  ready  proceeded 
;money,  or  in  orders  on  the  treasurers,  warrant-  a£ 
ed  b)  this  law,  by  the  space  of  thirty  days  after 
demand  made,  as  aforesaid  ;  it  shall  be  lawful  for 
the  said  collectors  respectively,    by  virtue  of  a 
::special  warrant  forthat  purpose,  signed  and  seal- 
:  ed  by  two  or  more  of  the  said  commissioners  (who 
•  shall  forthwith  grant  the  same)  and  shall  thereby 
empower  the  said  collectors  to  call    to  their   as- 
sistance, if  occasion  be,  any  constable   or  other 
•person/and  iacase  of  resistance,  to  break  open,  in 
,  the  day  time,  any  house,  trunk,  box,  chest,  closet, 
^cupboard  or  other  thing  where  any  such  offend- 
ers goods,  chattels  or  effects  are  supposed  lo  be  ; 
;;  and  make  distress  and  sale  thereof,  after    adver- 
;;  tising  thesarne  fivedays;  rendering  the  overplus," 
u  if  any  be,  to  the  owners,  after  reasonable  charges 
'deducted.     But,  if  no  distress  can  be  found  by 
::  the  collectors,     and  the  party    refuses    or   neg- 
lecls  to  shew  them  goods  or  chattels  of  his   own; 
i  forthwith  to  satisfy  the   money   then  due,  with 
i  reasonable   charges;     then    the  collectors   shall 
?i.  rake   the  body  ot  every  such  person,  and  him  de- 
H|liver  to  the  sheriff  or   his  keeper  of    the    county 
jail,  who  shall  detain  him,   in  safe  custody,  with- 
1   out  bail  or  inaiuprise,   until  payment  be  made  : 
<:  the  nroof  of  which  being  made,  shall,  to  the  she- 
*i  rifr,  be  the  collector's  receipt. 


tit*] 

be  Provided  always.  That  wKcrc 

UcTjT  cannot  be  found,  sufficient  to  answer  the  whole; 
sum  inarrear,  with  charges  as  aforesaid  ;  them 
distress  shall  be  made  for  so  much  as  the  effects* 
extend  to,  and  the  party  to 'be  imprisoned  only? 
for  the  residue  thereof,  with  incident  charges:: 
all  which  charges  of  distress,  assistance  and! 
bringing  to  prison,  shall  be  adjusted  and  settledl 
by  any  two  or  more  of  the  said  commissioners,, 
when  such  occasion  shall  happen, 

XIX.  If  upon  complaint  of   the  treasurers  to& 
ib?e°b$'.fi!ielal!d  l.h.e  commissioners,  as  before  directed  to  be  made,, 
tafc  oJf.«JE«.     il  s^aU  happen  that  any  of  the  collectors  refuse 
or  neglect  to  pay   the  said  sums  of  money,  or  o- 
ther  effects,  which  he  pi  they  shall  respectively,, 
be  charged  to  collect;  or  to  produce  receipts,  tes- 
tifying the  payment  or  delivery  thereof,  as  afore- 
said; or  to  deliver  the  money  or  orders  on  the 
treasurers,  by  them  received  and  required  ol  them; 
by  this  law  (first  retainingsuch  sums  as  are  here- 
by allowed  far  collecting  and  paying  the  same) 
then  the  commissioners  of  the  proper  county,  or 
any  two  of  them,  shall  fine  every  such  delinquent 
collector  in  any  sum  not  exceeding  double   tha 
sum  in  which    they    are  delinquent,  and  appoint 
others  in  his  or  their  stead,. as  collectors. 

Thcif  bodies  XX%  It  shall  be  lawful  for  the  said  commissi- 
wud«eftatr  .  -ners°f  trie proper  county,  or/any  two  of  them, 
hlf,  "  and  they  are  hereby  required^  to  meet  and  issue* 

their  warrants,  under  their  hands  and  seals  di- 
rected to  the  sheriff  or  coroner  of  the  proper 
county,  requiring  him  to  take  the  body,  and! 
seize  and  secure  the  estate,  real,  arid  personal*, 
belonging  to.  such  delinquent  collectors,  on: 
•which  shall  come  to  the  hands  or  possession  of] 
his  or  their  heirs,  executors  or  administrar 


r  "9i 

rors,  whereby  the  same  can  be   discovered  or 
;  found  in  the  Territory  *  and  make  return  ofliis 
proceedings  therein,  at  such  time  aud  place  as 
the  commissioners  shall  appoint. 

XXL  The  said  commissioners  who  shall  cause  j?ow 
the  said  lands  and  estates    to-  be  seized  and  se-  tatei  (ball  be 
.cured,  as  aforesaid,  shall,  and  are  hereby  cm-  Md« 
powere  1  to  appoint  a  time  tor  a  general  meeting 
of  the   commissioners  .of    each  county;  and  to 
cause  public  notice    to    be  given,     where  such 
meeting  shall   be  appointed*  six  days,  at  leastt 
before  such  general  meeting  :  and  l|e    cominii- 
sioners,  then,  present  at  such  meeting,  or  tbenia* 
jor  part  of  them,  in    case    the    money  detained 
by  such  delinquent  collector  be  not  then  .pai'4>  or 
satisfied,  shall,  and  are  hereby  empowered  and 
required  to   issue  forth,  their  warrants,  or  pre- 
cepts.,  to  the  sheriff  or    coroner  of   the   proper 
county  /  requiring  and  commanding  him  to  sell 
aud  dispose  of  all  such  estates   as  shall,  for    the 
cause  aforesaid,  be  seized  and  secured,  or  any 
part  thereof;  and   to  bring  the  money,  arising, 
oysuch  sale,  to  .the  commissioners  who  granted 
such  warrant ;  in  order  tosatisfy  and  pay.uuto  the 
respective'county  treasurers,  for  the  time  being, 
the  sum  or  sums  of  money  tliakshall  be  so  un- 
paid, or  detained,  in  the  hands  of  the  said  col- 
lectors or  other  'persons,   their  heirs,   executor* 
or    administrators,  respectively;  with   damages 
for  what  shall  be  so  unpaid  ;  returning  the  over- 
pins,  if  any  be,  to  the  owner,  .after  all  necessary 
.charges  deducted* 

XXII,  When  any  sale  of  lands,  tenements  or  An^  tl)e  fl»erUf 
hereditaments  shall  be  inade  by  such   sheiiff  or  convey 
coroner,  respectively,   the  title  and  conveyance 
thereof  shall  be  by  deed,  signed,  sealedand  de- 


veyance  of  his 
eiUte,    while 
Jslinquenc, 
deemed  void 
as  to  the  pub- 
lie.  * 


liveredby  the  sheriff  or  coroner  to  such  persou 
or  persons  as  shall  purchase  the  same,  in  fee. 
simple,  or  otherwise,:  which  shall  be  most  ab- 
solute and  avertable,  in  law,  against  the  said  de- 
linquents and  their  heirs  and  assigns,  and  all 
claiming  under  them. 

XXI 1L  •  All  gifts,  grants  and  sales  which  shall 

Calif  Aor's  con-  be  made  by  any  of  the  said  delinquent  collectors, 
or  other  officers,  respectively,  of  any  of  their 
said  estates,  after  the  time  they  should  have 
paid  the  money  or  efiec  ts  arising  from  the  said  as- 
sessments, unless  the  estate,  so  seized,  be  suf- 
ficient  to  answer  what  they  shall  be  in  arrear, 
are  hereby  declared  to  be  fraudulent,  and  shall 
not  prevent  or  avoid  the  seizure  and  sales,  here- 
by appointed,  to  bs  made  thereof,  as  aforesaid. 

Perfom  having      JCXIF.  All  freemen,  not  being  householders, 

neither  houfes  nor  having  a  certain  place  of  abode,  and  all  the 
said  hired  male-servants;  shall  be  taxed  at  the 
place  where  they  reside  at  the  time  of  the  con- 
stable's taking  their  names,  as  aforesaid  ;  and  eve- 
ry householder  shall,  at  the  request  of  the  said 
constables  of  the  respective  townships,  give  an 

Penalty  on  per*  account  of  the  names,  qualifications  and  estates 
of  such  persons  as  shall  sojourn,  lodge  or  dwell 
in  their  respective  houses/  under  the  penalty  of 
five  dollars,  to  be  levied,  charged,  and  paid  in 
jmanner  aforesaid. 

XX.V.  If  any  such  freemen  shall  not  be  found 
at  such  place  of  residence,  nor  within  the  same 
township  where  their  names  were  taken,  as  afore 
for  said,  at  the  time  when  such  respective  collectors 

others :  shall  come  to  receive  such  householder's  assess- 

ment; then,  .unless  such  freemen  or  servant 
hath,  by  himself  or  friend,  paid;  or,  unless 
such  householder  or  employer  doth  pay  the  same 


oor  certain  a. 
bodes,  how  to 
be  taxed  : 


fons  keeping 

and  ne- 
to 

turn  their 
Barnes. 


Householders 
in  what  cafes 


[    I"  J 

for  him,  upon  demand  made  thereof  by  the 
lector?  it  shall  and  may  be  lawful,  for  every  such 
collector,  to  make  distress  and  sale  ofthenouse- 
holders  or  employers -goods  and  chattels,  for  the 
same  ;  rendering  the  overplus  to  the  owner,  as 
aforesaid:  and  every- such  householder,  or  em- 
plover,  shall  recover  the  same  from  every  such 
freeman,  .with  charges,  by  warrant  from  any  jus- 
lice  of  the  peace  in  the  proper  county,  as  in  the 
case  of  debts  under  twelve  dollars*. 

XXWt     If  any    of   the    said    commissioners 
shall  refuse  or  neglect  to  do  his  or  their  duly,  in  ^bufing  their 
rhe  premises,  he  or. they,  so  offending,  shill   be  "^'dtrhVfi 
fined  by.  the  justices  of  the  peace  of  the  proper  "ndloU  of  office* 
county,   for   the  time  being,,  at  their  court  of 
General  quarter  sessions  of  the  peace,  next  after 
the  said  offence  is  committed,  in  any  sum   not  ex- 
ceeding one  hundred  dollars*  for  every  offence, 
which,  by  virtue  of  a  warrant  under    the  hands  Proceeding! 
and  seals  of  the  said  justices,  or  any  two  of  them,  herein. 
directed  to  the  sheriff  or  coroner  of  the  county 
where  such    offender,  or  his    estate,  is,  at  the 
lime  of  issuing  such  warrant,  shall  be  levied   by 
seizure  and  sale  of  lands,  distress  and  sale  of 
goods  or  imprisonment  ol  body,  as  the  case  shall 
require:  and  from  and  after  such  refusal  or  ne- 
glect, or  if  any  of  the  said  commissioners  shall 
misbehave  themselves,,  or  happen-  to  die  during  Commiffioner* 
the  time  lor  which  they  are  appointed,  the  jus-  ^eh^ve!  t°o  b^' 
lices  of  the  peace,  at  their  General  quarter  ses  replaced  by  the 
sions  next  after  each  death,  refusal,    Biisbehavi.  juices, 
our  or  neglect  shall,  in  every  such  case,  aonoint 
others  to  act  in  their  stead. 

XXV1L   If  any  of  the  said'  treasurers  shall  re-  r     , 

/  *i  i     •  •     i  1*1  •      *  reaiurer*  c« 

luse  or  neglect  Lo  do  his  duty,  as  by  I  his  law*  is  bijhg  thoir 
required,  he  shall  beluied,  by    two  or  uioie  of  trail,"  to  be  fined* 


** 


P 
i( 


(Tcii'»rt. 


t  on 

bnf- 


Hie  commissioners    for   the  county  where  lie  iff 
*  deficient  in  his  duty,   in  any  sum  not    exceeding 
ihrre  bundled  dollars,  (or  every  offence  :  whicuj 
shall  be  Jeviod,  as  aforesaid,   by  virtue  of  a   war-] 
rant  under  ihe'liands  and  seals  of  -Iwo'onnore  ol 
ihe  ««nn:c  commissioners,  directed  as  aforesaid. 

YAV'7//.   If  any  of  the  stfid  assessors  shall  re-1 
fuse  nr  ncg-ecl:  16   do  their  duly,   as   this  law  re-i 
ihcir  uuft.  quires,  the commissioners  of  the  proper •oouutyJ 
.or  any  two  of  them,  stall  fine -every  such  asses-] 
'Sor,  in  ai:y   s:nn    not  »-excc*-eding  -one  Jumdiecl 
-dollars,  which  shall  be  levied  by  one  of  the  same 
commissioners  warrant,    in    mann-er   .aroiesaid. 
•  All  which  hues  and  foireirnres  mentioned  in  i[,[$ 
lavv^  shall   be   levied  as  aforesaid,    and   shall  be] 
paid  and  added   to  the  public  itock,   or   fund,  ol 
the  respective  counties  where  they  slvall  happen. 
XX l-^    The  said  commissioners  shall  be  al» 
lowed  seventy   live    cents  for  every  clays   atten- 
dance, besides  twelve  cents  and  a  half  for   every 
'preceptor  warrant  they  are   to  sign  by  direction 
oflhislaw;   which,  with  reasonable  charges  to 
be  allowed  their  clerks,  for  delivering  the  dupli- 
cates and  for  other  services,   besides    writing,   as 
jth.e said  commissioners  in   their  respective  conn- 
lies,  by  order  under    the   han'ds  of  two  of  them 
shall  think  fit  to  allovy,  shall  be  paid  by  the  res 
peelive  county  treasurers. 

XXX.  The  said  assessors,  for  their  time  and  la* 
•bour  in  the  premises,  shall  be  allowed  three  per 
centum  on  fhe  whole  sum  contained  in  the  rates 
of  their  respective  counties,  after  the  assessment 
is  rectified  and  adjusted  by  the  commissioners 
and  assessors,  according  to  the  directions*  of  tfais 
law,  to  be  paid  by  the  treasurer  ot  the  proper 
county,  upoa  sight  of  ihe  co-minmissioner's  order 


/11  fin**  to  go 
to  the  county 


Comp«nf*t"on 

to 

ers. 


* 


for  tli e  satne,-;  and  to  be  equally  divided  among 
them  i  which,  said  three  psc  cent  it  in  slull  be  to 
llie assessors,  iorlhe  time  being  in  full  satis- 
faction for  all  the  service  and  attendance  requir- 
ed of  them  by  this  law. 

}>X£I,  The said^ol!ectoTs  shall refain  ia  ihoir  To  eol!e<!t0r* 
liandsone  perf  centime,  for- all  sums  of  money  by 
them,  respectively,    collected;     ^together   wild 
•what  they  shall  pay  to  the  assessors,  as  aforesaid. 

XXX1L  Those  ihat  oliiciale  as  clerks  shall 
for  their  pains  in  writing  duplicates,  and  ail-To  the 
warrants  and  precepts  reUting  to  the  premises 
have  and  receive  the  sum  of  eighteen  dollars  / 
•which  the  respective  county  treasniers  are  here- 
by required  to  pay  to  tliem,on  warrant  from  the 
commissioners,  or  any  two  of  them.  And  if  a- 
ny  of  the  said  clerks  shall  neglect  to  do  his  or 
their  duty,  as  by  this  law  is  required,  he  or  they 
shall  be  lined,  by  the  commissioners  of  the  pio- 
per  county,  in  the  sum  of  ten  dollars,  each  ;  to 
be  levied  and  paid,  as  aforesaid.  And  in  case 
oftheLdealh  or  .neglect  of  any  of  tfie  said  clerks 
the  commissioners  shall,  forthwith,  % appoint 
others  in  their  stead, 

XKXlll.  P/oviJcd  always*  That  if  any  per-  Parties 
son    or    persons  be    sued  or  prosecuted  for  ajiy  ma?  Plcaii 
thingdone,  in  pursuance  of  [his  law,  he  or  they  j£ueral  * 
may  plead  the  general  issue,  and   give^thfs   Jaw 
and  the  special  malter  in  evit^ence,  Jor.j;lrei[::  jus- 
tification.    And  if  the  plaintiff  or  pfoseeliLai'b^ 
come  nonsuit,  or  forbear  pro^ecul!o,),;  or  ^offb 
discontiiuiarice  ;  'or,  if  a  verdict  pass  a'gainst Turn  Me  ceil*, 
in  such  actions,  's'u  it  or  in  forma  lion,-   the  defen- 
dant shall  have  double    costs /to    be   recovcied 
as  in  cases  where  costs  are,  by  law,  given  to%  the 


C  "-i  3 

t»,  .  Piovided  ah^ys,   That  r.o jerscm 

be •  tirooghc        or  persons  shall  be  sued,  cr  prosecuted,  ror  ne- 
rvvelvc.g|ett  iji  the  execution  of  this  -iaw,-  unless  he    pr 
atter      *-£      brfSised  or  pio*ecuted  within  twelve  months 

cec.  r   '  .        ,.  .         , 

alter  such  orlentes  aiu  com-nntted; 

XXXf*  The  treasiuers  ol  every  county  shall 
to     b-  appointGU'by  tho  «overnoiir  ;>b  jr^  before  they 
the        enter  upon  tin?  execution  of  ih«:ir  offices,  rcspec- 
$        tively,'  they  shall  become  bound     to  ihe    i^u/er- 
Ciyoo  nour,  aa'Vhis  successors,  v/iii  one  or  more  su£ 
iicieiit  sureties,  in  an  obli^.uioa   in  the  sum  of 
one  thousand  dollars  ;   ctxiJllioae'l  for  the  true 
execution  of  their  respective  ofiices,  and  punctu- 
al observation  of  their  d.!!.y}  as  requiro-j    by   this 
Lt'A".     And  in  case  of  the  death  or  removal  out  of 
the  county,  of  any  of   the  said  treasurers  ;.  then 
llu   com imssiori errs  and  assessors  of   the    proper 
county,  for- the    time  'b6ing%  or    a-    majority  of 
them,  shiH  appoint  others  to  supply  the  places 
erf  such  as  shall  die,  or  so  remove,   from  time  to 
time  ;  .who    shall,  forthwith,  signify    such    ap- 
pointments to  the  govern  our  for -his"  approbation, 
,or   further  appointment,*  and  'give   secnrUy  L.i 
they  re-  manner  aforesaid.     The   sajil    treasurers    shail 
keep  adishiictbooK,  in  every    county,  con lain- 
to  ing  a  particular    account  of  all  the  rales  and  as- 
otberu  sessments- ur-ide,    or  to   be  mado,    as   aforesaid/ 
as  also  of  all  disbursements  and  payments,   maci** 
by  order  of  the  coinmbsioners,   by  virtue  of  this 
law. 

XXXFJ1  The  county  treasurers  shall,  yearly, 


and  asjesiors,  a  majority  of  whom- 
gjve  altend^ace  lor  that  purpose  j  and  shaij* 


[  "5  1 

lave  power  io  adjoura,  from  tline  to  tune,  rill 
ihesaid  accounts  aresetded.  And  the  said  trea- 
surers shall  be  allowed  lor  their  trouble  in  re- 
ceiving and  paying  all  such  monies  as  sliall  come 
into  their  hands  respectively,  bylavv,  so  much  as  CoraP«n<Vi<fa 
ihesaid  commissioners  and  assessors  or  liic  ma- 
jor pirt  of  them,  from  time  to  -time,  shall  judge 
reasonable, 

XX\Y1I   Where  any  county  treasurer    sliall  be  jn  eafeeft 
removed  from   his  ofrice,  ef  treasurer,    he  shall  treafurer's  re- 
deliver  up    to  the   succeeding  treasurer  all  the  moval  from  of- 
books,  public  accounts  and  papers  belonging    to  llce»  hc  lo  dclt" 

.1  •  i  jl     *  i      i  P      °        ,    ver  o«    *c.    t» 

Uie  counties  where  he  acted,  whole,  entire   and  bhfocceflbr.cr 
nu defaced,  under    the  penalty  of  five  ^'hundred  forfeit  500  doi- 
cioliars;  to  be  recovered  in  manner  and   forlhe 
uses  iierein  before  mentioned.      And^where  arty 
Bounty-treasurer  hath  been  removed,  "by    death, 
the  executors  or  administrators  of  such  decedent 
sh:i!l  deliver,  in  lite  manner,  all  the  books  and 
papers  relating  to  the  said  public  accounts,  to  the  made 
succeeding  treasuier,  under  the  same   penalties, 
and  to  be  recovered  as  aforesaid* 

XXXv l tf.  No  person  -who  is,  or  hereafter  shall  _ 

•  •          i  r  No  commiUioa. 

be,  appointed  a  commissioner  ror  any  county,  cr$toferve 
shallserve,  as  a  ••commissioner,  for  any  longer  longer  than 
lime  than  the  space  of  three  years,  at  one  time.  tbrceyear«: 

XXXi X.  The  commissioners  and  assessors  and 
treasurers  of  file  several  counties  shalj,  at  the  re*' 
specrive  courts  of  General  quarter-sessions  of  the  A.nDDjr! 

,    ,  i       *     i.;*        ,  c  .  "*  f        of 

peace,  to  be  liolden  for  the  respective  conntids  ers, 
next  after    mid-summer  day,   yeaily  ex-liibit  lo  and 
and  lay  before  th'e  justices  'and  grand-juries  of  the 
said  respeciive  counties  ro  which  they  belong,  as 
yveli    the  boois  o^  on  tries  and  accounts  directed 
b)  ihislaw  to  be  kept  by  the  treasurers,  as  3  tfire 
aiid.particukr  accouat  'ot  ail  tlic  monies  by 


assessed  and  raised,  by  virlueof  their  several  o 
fices  /  as  also  an  account  to  whom  and  for  wha; 
use,  or  uses  the  same  money,  and  every  partgnc 
parcel  thereof,  was  paid  out  again  ;  with  the? 
proper  vouchers  if  required:  which  bpoks'  ac- 
counts and  receipts,  or  vouchers,  being  seem 
and  examiucd,  by  the  justices  and  grand  juries> 
cf  Ihe  said"  respective  counties,  shall  bedeliveiedJ 
back,  safely  and  willidut  alteration,  lo  the  re- 
spective treasurers  ;  and  the  accounts  shall  be 
filed,  and  kept  among  the  records  and  .proceedings? 
of  the  said  courts  ot  General  qnarter  sessions  oil 
the  peace  for  such  counties, 

XL.  The  grand   juries,    commissioners   and! 
grand  j«*  assessors,  01  a  ma  only  of  them,  v\irh  the  con*- 
77,  co«)mifflon   currence  of  thn  Justices  of  the  General  quarfer* 
e  Von*,  sessions  of  the  peace,   shall  beahe  solefndges  of 
of  the  the  place    wlieie   any  'Bridge  ^liall  be  built  and 
to  fee     maintained  over  any  ureek,  or  rivulet,  within  the' 

r!d6eJ  re9lrectivle  counties'to  whichthey   belong:  andi 
be  buift  :  ^he  commissioners  and  assessors,   or  a  majority 
of  them,  with  the  concurrence  ofthe  justices  of: 
ihe  said  respective  counties,  at  their   rgrpectivJj 
Geneial  quarter-sessions  or  the  peace!  shall  agred 


fnvrcrs  enH  af-  with  workmen  for  building,  repatringand  mdin*' 
fi£Pr«nWc«r.  *'  tairlinfi  anT  M.gfeor  bridges  ordered  to  be  built: 
tcnce  nreio  a-  or  repaired,  as  aforesaid,  within  their  respective 
!r«»  with  the  countries  :  and  the  commissioners,  for  the  time 
being,  shall  allow  of,  and  order  rhe  monies  be*> 


C'*7  3 

looming  "due  for  fhe  same,  to  be  paid  by  iliere-'be 
mpecliye  county   treasurers,  accoidingly.  *•'•* 

%  I  »  *  >. 


foregoing  is  hereby  declared  to  be  a  law 
cfthe  Teiritory  ;  to  take  effect  on  and  from  rhe 
first  day  ct  October,  next  ensuing  :  IN  7 F.S- 
TiMONY  whereof,  ws  Arthur  St.  C/nlr, 
John  C/sves  Sy-mmzs  anJ  George  Turners  have 
cau^erfthe  ical  Oi  llie  'I'enltory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AH.  Sr.  CL/»  l«, 
JOilNC. 


TEPRlTORYCFTHEUNmD^TATkS 
NOB  T  H-WEST  Of   THE  OFHO. 

A   LAW  for  the   relief  of  trie 
Poor.       Adopted    from    the 
Pennsyivanian  code,  and  pub- 
lish&l     at     Cincinnati^    the 
nineteenth  day  of  June \  one 
llionsandt  seven  hundred  and 
ninety- fiuei    by    Arthur    \St. 
/a  TT.  CtAia,          Clair,    governoui*    and   Joha 
JOHN  c.  SYMMES,     Qeves  Svmmes  and   George 

O.       ICKLt.  rv  .        i  ° 

- f  urner,  judges^   in,  and   over. 

the  said  Territory. 

Sect.  I.  *TT  HE  justices  of  the  pparc  of  the  re- 
I     spective  counties  at  this  Territory, 
orany  three  ohhem,  <jt  ever)  Cist  session,  of  the 
rowtof*  Geueral  quaner-^e&sioDs  of  the  |>eace, 
5  earl)  and  every  \ear,  alier  thelirst  day  of  lanu- 
&iiall  iK)rainate  and  appoint  I VYO  substantial 
oi  every  towii^Lip?  -wrthia  tlitii  lot 


specttve    jurisdictions,    to  be   overseers  of  the 
Pallet  of  oter-  pOor  ofsuch  iQwnships  :  for  which  purpose,  ihe 

oat   *  •  i       rr  i      it  »         A     .      '    , 

overseers  going  outer  office,  shall,  on    the  day 


aforesaid,  jehmi  to  the  said  justices,  the  names 
of  two,  or  more,  .substantial  inhabitants,  for  e- 
\ery  township  ;out  of  which  number,  successors 
in  the  said  office  sliall.be  appointed  by  the  said 
justices,-  forlhe  ensuing  year.  And  if  any  over- 
seer shall  refuse  or  neglect  to  make  such  return, 
as  aforesaid,  he  shall  forfeit  and  pay  any  sum, 
»of-exceeding  twenty  five  do!la#& 

1L  Provided  always^  That  tlie  overseer  os 
overseers,  making  such  return,  shall  give  notice 
thereof,-  in  writing,'  at  least  six  days  before  the 
first  session  of  the  court  aforesaid,  to  the  person 
or  persons,  -whose  name  or  names  are  so  !o  be 
returned  %  or  leave  the  same  at  his  or  iheir  dwel- 
ling-house, or  place  of  abode, 

Power  of  ju?U-        '^-  And  if  any  overseer  shall  dire,  fail  to  make 
ces  on  ovci  feer's  a  proper  return,   remove,  or  become  iurolvent, 
or  in-  beioie:  the.-expiraUon  of  his    office,   tv\o  of  the 
gajj  justices  .respectively,  on   due  proof  being 
thereof  made  belore  them,  sh  ill  appoint  another 
ill  his  stead.     Every  overseer,  so  nominated'  a.  id 
appointed,  shall,   before  he  -enters  upon  the   ex 
ecution  of-his  -office,  takean  oath  .or  affirmation, 
respectively,  according  u<  law  ;  (wSrich  any  jus- 
lice  in  the  county  .respectively  is^hereby   autho- 
oath  rjse(j  anj  empowered  to  administer)  that  he  will- 
discharge  the  office  of  overseeroHhe  poor,  truly, 
faithfully    and  impartially,  to   the  best,  of    his 
knowledge  and  ability. 

IV.   It  shall  and  may  be  lawful  to  aiivl  for  the 
Power  and  doty  overseers  of  the  poor,  of  the  several    townships, 
£S»££iV  having  first  obtained  the  approbation  of  any  two 
for  relieving       justices  of  the  peacsr  in  the  same  county,  to 
xbc  poor. 


jmake  and  lay  a  rate,  or  assessment,  not 
ing  two   cents,  in  the  dollar,  on  the  estimated 
value  of  all  the  real  and  personal  estates  within 
the  said  townships,    respectively,  a»:  one   time, 
an  1  severity  five  cents  per  head,  on  every    free- 
man not  otiierwise  rated  for  his  estate,  in  every 
tax  ol  two  cents  in  the  dollar  f    and   so  in   pro- 
portion for  any  less  rate  or  assessment:    wmch 
said  assessments  may  be  repeated,  by  the  autho- 
rity aforesaid,  as  often-,  in.  one  year,  as  shall  be 
found  necessary  for. the  support  of  the  poor;    to 
be  em  ployed,  in. -providing   proper  houses  and 
places,  and  a  convenient  stock  of  hemp,    flax, 
thread  and  other  ware  and  stuff,  for  setting  to 
•worksuch  poor  persons', -as- apply  for  relief,  and 
are  capable  of  working;  and  also  for  relieving 
such  poor,' old,  blind,  impotent  andlame   per- 
sons, or  other  persons  not  able  to   work,  within, 
the  said   townships;*    respectively;    who  shall, 
therewith  be  maintained  andproyidedfor. 

V.   It  shall  and  may    be  lawful  to  and  for  the 
overseers  of  the -poor  of.the  said  township,  to  relieve  .the 
contract  with  any  person  or  jperson=s- for  a  house  poor,  and  haw. 
or  lodging,  for  keeping,,  maintaining  and    em- 
ploy  ing  any  or  alt  such  poor   in  their  respective 
townships,  as  shall  be  adjudged  proper  objects- 

rf relief  *  andthei*  to  keep,  maintain  and  em- 
poyalisuch  poor  persons,    an  A  take  the  benefit 

>r  their  ;work,  labour  and  scrcice,  for  and 'to- 
wards their  main  taiiianoe  and- support  -  and  if 
BSnPtaHeder5Cm  shalLrei?se-to  Dodged,  kept? 

%F^rthnl'*lLmt}*  eillitled  ^cdv8°reT 
v, lomffie  overseers  during  such  refusal 

In   Tfc    oy.cpcets  of  ^e   said  lownsiiips,  ia. 
'  the  said  rates,  shall   be    guided  by   the 


C  no! 

Other  duties  of  county  assessment,  on  other   occasions;  having 
oicf&trs;  duc    regard   to  every  man's  estate    v.ilhin    the 

/township  so  to  be  rated  and  'assessed  ;  and  shall 
enlcr  such  rales  'fairly  in  a  book,  of  which  a  fair 
duplicate,  signed  by  them,  shall  be  delivered  to 
the  Justices,  v\'lio  shall  allow  the  same,  if  they; 
find  it  just  and  reaspnable,  without  lee  or  re- 
ward; and  shall  permit  a  ay  i  ah  a  hi  tan  I  to  inspect 
the  rates,  at  all  seasonable  riin-es,  without  auy 
fee  or  reward  ;  and  shall  give  copies,  on  de.mud; 
•being  paid  at  the,  rate  of  six  cents,  lor  every 
twenty  /our*  iraroesi  and  if  any  overseers  shall 
Pets  airy  on  ne-  not  permit  any  inhabitant  to  inspect,  or  shall  re- 
glcft-  fuse  to  give  copies,  as  aforesaid,  he  shall  forfeit 

three  dollars  to  the  part}  grieved,  to  be  recovered 
.as  debt  under  five  dollars,  are^diiectedby  law, 
to  be. recovered* 

Vll.  Ifany  person  or 'persons,  so  rated  or  as- 
Rateabl«  Pcr"  sGssed  in  the  said  township,  shall  refuse  to  pay 
^  Ua>Si«g  be  lhe  3um  or  sums  on  them  cnarged,  it  shall  and 
cwupcllc4.  iway  be  .lawful  to  and  for  the  said  overseer,  or 
overfce'rs  (having  lirst  obtained  a  warrant  under 
the  hand  and  seal  of  any  justice  of  the  peace  of 
ihe  county  respectively,^  \vhere  the  said  assess- 
ineiitisraacle,  and  who  is  hereby  empowered  to 
grant  such  warrarit)'io  levy  thesameon  the  goods 
and  chattels  of  the person-or  persons  so  refusing: 
And  in  case  such  person  shall  not,  within  five 
days  next  after  such  distress-made,  pay'the  sura 
or  sums  on  rirm  assessed,  together  with  the 
charge  of  such  dislresst  the  said  overseer,  or 
ov'eiseers,  may  proceed  to  the  sale  of  the  goods 
cHslrained  ;  rendering  to  theownerthe  overplus, 
if  any,  that  shall  remain  on  such  sales,-  reason 
able  charges  being  first  deducted.  But  where- 
such  person  or  persons  have  no  goods  and  cuaw 


tels,  Whereby  they  may  be  distrained.  It  shall 
be  lawful  for  the  said  justices,  respectively  fo 
commit  the  offenders  to  prison,  there  to  remain, 
without  bail  or  mainprize,  until  they  have  paid 
the  same' 

VL1U  Provided  always,  That  if  any  person  or 
persons  be  aggrieved  with  sikh  rate  or  assessment, 
it  shall  be  lawful  for  the  justices  of  the  peace,  at 
iheir  next  Generate]  uarter-sessions  for  trie  coun- 
ty respectively,  upon  petition  of  the  party,  to  lake 
such  order  therein  as  to  them  shall  be  thought 
convenient;  and  the  same  to  conclude  and  bind 
all  parties  ,  and  the  overseers  slull  forbear  to  pro 
ceed  in  sucli  sale,  'till  the  same  be  determined 
in  the  quarter-sevsions, 

IX*  It  shall  and  may  be'lawful  For  the  overseers 
of  the  poor  of  the  townships,  aforesaid,  by  the  p.00r  children, 
approbation  and  consent  ot  two  justices  of  the 
peace  of  the  county,  to  putout,  as  apprentices, 
all  such  poor  children,  vx hose  parents  are  dead, 
or  shall  be  by  the  saidjusiices  found  unable  to 
maintain  them,  males  till  the  age  of  twenty  one, 
andfemaks  till  the  age  of  eighteen  years, 

X.  No  person  orpersoris  shall  be  admitted  or  Regulations   a8 
Entered  in  the  poor  book  of  any  of  the  said  town-  t\>  the  poor, 
ships,  or  receive  relief  before  such  person  or  per- 
sons shall  have    procured  an    order  from    two 
justices  of  the  peace  for  the  same.      And  in  cass 
the  said  overseers  shall  enter  in  their  books,  or 
relieve,  any  such  poor  Jperson  or  persons,  with* 
out  such- order,  they  shall  forfeit  all  such  money 
or  goods  so  paid  or  distributed,     unless  such  en- 
try and  relief  shall    be  approved  of,  as  aforesaid. 

XL  The  free  male  inhabitants  of  every  tow  a-  OveHeers'  tc- 
ship  shall,  on  the  day  of  their  annual  election  lo  counts,  how  t* 
choose  assessors,  .yearly  and  every  year,  choose  e  e}  *nd 


fey  tickets    in    writing,  three  capable  and  dis- 
.  c*"eet  freeholders,  to  settle  and  adjust  the  accounts 
«ri.  of  the  overseers  of  the    poor  or' the    respective 

townships,  for  the  preceding  year  :  and  the  per- 
son who  shall  have  served  the  office  of  overseer, 
shall,  on  the  said  day,  or  any  other  day,  which 
the  said  freeholders,  so  chosen,  shall  appoint, 
within  fifteen  days  next  after,  deliver  a:id  render 
to  the  said  freeholders  a  just  a ccoujii-  in  writing, 
entered  ia  a  book,  to  he  kept  for  that  purpose, 
and  signed  by  him,  of  all  sums  by  him  received  ; 
and  also  of  all  materials  i  hat  have  come  lo  his 
hinds, during  his  onice  or  ihitsiull  bsiu  his 
hands,  or  in  the  hands  of  any  of  the  poor,  tj  be 
wrought  /  dnJ  of  the  prod :u:e  of  the  labour  of 
the  poor  under  hi«  care,  and  of  ail  money  paid 
by  such  overseers,  and  of  all  other  things  con- 
cerning kis  off!  :e  .  which  accounts,  vvhen  settled, 
shall  be  signed  by  the  said  freeholders,  orany 
two  of  them,  who  shall  have  full  power  lo  allow 
Coach  parts  thereof oaly,  as  to.  them  .shall  aooear 
just  and  reasonable* 

The  poor  to  be      XII.  The  said  overseers   shall  make  fair  en 
entered  in  ov«r-  tries,  in  a,  book,  of  the  names  of  all  the  poor  witl.e 

f  *    L  1  ~" 

baok«.      in  their  respective  towns-hips;  with'heUme  when 
each  of  them  became  chargeable;  and  ofall  cer- 
tificates delivered  to  ihem,  ami  by  wlio:n%  wirli 
the  times  when   the  s.nme' were   delivered:    fv>r 
-          f  .        which .  lrouble,lhe said  ireeholdcis,  or   any  two 

vfunprrtation  .  i     11  i«  i  ' 

t«  oveireers,  or  them,  shall  on  settling  their  account*,  make 
haw  made.  such  allowances  as  they  shall  jjiJge  reasonable. 
And  if  any  of  thesaid  overseer*  appeal  to  ilie  next 
court  of  General  quarter-sessions ;  who  shall,  on 
petition  of  the  party,  take  such  Older  lUcieio,and 
give  such  relief  as  to  them  shall  ai^pear  justiaud 
teasonable,  &  ike  same  shall  conclude  all  Dailies. 


The  overseers  of  the  poor  of  tlie  town  Duty  of  over- 
ships  within  the  several  counties,  respectively,  feer«  a*  r°  th- 
shall,  at  least  five  days  before  the  day  of  the  an- 
nual  election  to  choose  assessors,  yearly  andevery 
year,  durinr;  the  continuance  of  this  law,  give 
public  notice,  in  writing  (by  affixing  r.liesamein 
four,  or  moie,  of  the  most  public  placet  in  iheir 
respective  townships)  of  the  place  where  the  in- 
habitants  and  freehclders  of  the  several  townships 
shall  meet,  to  elec'  the  freeholders  aforesr.id,  lor 
each  ~.nd  every  of  the  said  townships,  according  to 
the  diierticns  of  this  law;  wliichplace.  so  appoint 
eel  lor  the  said  elcclion,  shall  be  at  or  Gear  the 
center  of  the  inhabited  parts  of  the  rcspectivo 


townships.     Uany  person  appointed  as  overseer  „ 

i  .    !  l .     i,  Penalty  on   n* 

township,  snail  refuse  or  nee-  «iea. 

lect  to  lake  upon  him   the  said   office,    lie    shall 


oi  the  poor  of  any 


forfeit   tv\ehe    dollars,    to  the  oveisecrs   of   the 
foor  of  the  said  townships,  for  the  use  of  the  poor 
thereof;   which  s  lull  refuse  or  neglect  to  male 
and  yield  up  such   books  and  accounts,  within  Delinquent    or 
the  time  as  aforesaid  ;  or  if  any  such,  whose  of-  verfeert  haw 
fice  shaii  expire,  shall  icfu^s  or  neglect  to  pay  o-  Puaifliabl0* 
\erthe   money,  and  deliver  up  ihe  books  afore- 
said, and  every  other   thing    in  his  hands,    con- 
cerning   his    said    ofb'ce,  to   his  successors ;  or 
shall  refuse  or  neglect  to  collect  and  pay  to  such 
successors,  all  such  sunis-of  money,  as  are  col- 
lected on  llie  rate,  or  assessment,  at  the  expirati- 
on of  his  ulfice  ^vshich  he  is  hereby  emponered  to 
collect,  by  warrant  to  be  issued  under  the  hand  & 
seal  of  any  one  justice  of  thr  peace  in  and  for  his 
respective  county)  within   tMriy  clays    after    his 
going  out  of  oHice  ;    it  shall  and  may  be  lawful  Powentf^ 
to  and    for  any  justice   of  the  peace  of  the  said  juftice  bcr?ia' 
county  to  commit  such  overseer  to  the   commorf 


the  ^freehold.* 


re- 
moving, how 
enjoined. : 


tutors  &c.   io 
cafe  of  their 


Cm] 

jail,  ihercro  remain  wiibout  bail  or  'main  prize, 
till  such  overseer  shaJl^ive  such  accounts,  anvl 
pay  and  deliver  up  such  money,  books  and  other 
tiiingsr a* he  ought  in  manner  aforesaid.,  llany 
person  shall  think  himself  aggrieved  by  the  set- 
tlement of  his  account  by  the  said  freeholders, 
he  may.  (havingfirstpaiJ  over  tolas  successors  the 
balance  found  in  his  hands,  if  any  such  'here  be) 
forfeiture  shall  be  levied  by  \\ananl  from  any 
two  justices  of  the  county,  or  of  the  townships, 
respectively,  under  their  hands  ?n;l  sed!$,  on  the 
goods  and  chattels  of  such  jeison  01  person*  so 
neglectingor  refusing,  and  sold  within  iii»ee<Jays 
next  after  distress  ma  ?e~  And  it  there  happen 
any  overplus,  upon  sale  thereof,  the  same  shall 
be  paid  to  the  owner  or  owners,  reasonable 
charges  being  first  deducted.  And  if  such  per- 
son or  persons,  so  neglecting  or  refusing,  as  a- 
foresaid,  shall  not  have  goods  or  chattels,  where- 
by he  or§  they  may  be  distrained,  as  aforesaid  ; 
then  the  said  justices  may  commit  the  offender 
or  offenders  to  prison,  there  to  remain  without 
bail  or  maifiprize,  till  the  said,  forfeiture  shall  be 
fullv  satisfied  and  paid* 

XIV*  If  any  overseer  shall  remove,  he  shall, 
before  his  removal,  deliver  over  to  some  other 
overseer  of  the  township  or  place  from  which  he 
removes,  his  accounts  as  aforesaid;  with  all  as* 
sessments,  books,,  paper,  money,,  and,  other 
things  concerning  his  office*:  and  upon  the  death 
of  any.  overseer,  his  executors  or  administrators 
shall,,  within  forty  days  after,  his  decease,  deli* 
ver  over  all  tilings  concerning  His oftice*  to  some 
other  overseer,  as  aforesaid  ;  and  shall  pay  out 
of  the  assess,  all  inonej  remaining  due  (which 


U  /?;  ] 

he  rcrcived  by  virtue  of  his  office)  before  any  of 
his  other  debts  are  paid, 

X^.  All  gifts,  %  ran  Ts,  devises,  and  bo^uraths 
hereafter  tob£m.ido  of  any  houses,  lands,  Lene- 
raents,  rents,  coo.-lv  chattels,  sum  or  sumsof  bc  d  f?r  lhe 

1-  -  I  lit  i         POT*    a»<*     '0 

money,  not  exceeding  in  the  whole  the  yearly  what  amount. 

value  of  twelve  hundred  doihrs,  to  the  poor  of 

any  township  or  to  aay  olh^r  person,  or  persons 

for  their  use  by  deed  or  !>)  the  List  will  ami  testa* 

ment   of  any    person  or  persons    01    otherwise 

howsoever,  shall  begood  aii«l  available  in  law,  and 

shall  pass  such  houses,  lands,   tenements,   rent*f 

goods  and  chattel*  to  the  ovcrse°rs  of  the  poor  of 

such  township  for  ihe  use  ot  their  poor  respeo 

lively  i 

Xf^L  Theoverseers  of  the  poor  for  the   seve-  n,,*.r4W,    ~* 
..  ..        ,*.  .. 

ral  townships  for  the  tune   being,  respectively,  th«  poor,  in 
shall  forever  hereafter,  in  name  and  in   fact,   be,  ev-ery  t 
and  they  are  hereby  declared  to  be  bodies    poli-  *       * 

.  i  •       i  ••  i    •  i  *AlC« 

tic  and  corporate  in  law,  to  all  intents  and  purpo- 
ses, andshall  have  perpetual  succession,  and  may 
by  the  name  of  the  overseers  of  the  poor  of  the 
said  townships,  sueand  be  sued,  and  plead  aud 
be  impleaded  in  all  courts  of  judicature  ;  and 
by  that  name  shall  and  may  purchase,  take  or 
receive  any  lauds,  tenements  or  hereditaments,, 
goods,  chattels,  sum. or  sums  of-money,  not  ex- 
ceeding in  the  whole,  including  all  gifts,  grantsf 
devises  and  bequests,  heretofore  mace,  the  afore* 
said  yearly  value  of  twelve  hundred  dollars,,  to- 
and  for  the  use/  and  benefit  of  the  poor  of  the 
respective- townships,  of  the  gift,  alienation  or'j 
devise-of  any  person  or  persons  whomsoever,  to* 
hold  to  them  the  said  overseers,  and  their  suc- 
cessors in  tte  said  trust,  for  the  use  oi  the  said 
poor  forevery 


[136  1 

XVIL   If  any  person  who  shall  come  to   inha- 
bit in  any  township  or  place  wii  bin  this    Territo- 
meat.  lory,   shall  for  himself  and  onhUown   account, 

execute  any  public  office,  being  legally  placed 
iherein,  iru  the  said  township  or  place,  during 
one  whole  year;  or  ir  any  person  shall  be  charg- 
ed with  and  pay  his  or  her  share  towards  the  pub- 
lic taxes  or  levies  for  the  poor  of  such  township 
or  place,  for  two  years,  successively,  or  if  any 
person  shall  reall/and  bona  fide  take  a  lease  of 
any  lands  or  tenements  in  thesiid  townshipor 
placeoUhe  yearly  value  of  twenty  five  dollars, 
an  1  shall  dwell  in  or  upon  the  same  for  one 
v;hole  year,  and  pay  the  said  rent,  or  shall  be- 
come seized  o^  any  freehold  estate,  in  an\  lands 
or  tenements  in  such  township  or  place  and  shall 
dwell  in  or  upon  the  same  for  one  whole  \  e.ir  ; 
or,  if  ai*y  unmarried  person,  not  lu\ing  chil- 
dren or  child,  shall  be  lawfully  bound  or  hiied 
as  a  seivant  in  any  township  or  place  aforesaid, 
and  shall  continue,  and  abide  in  such  servire 
during  one  whole  year  ;  01  it  any  person  shall 
be  duly  bound  an  apprentice  by  indenture,  and 
shall  inhabit  in  such  townsluo  or  pLic^,  vvi'h  his 
or  her  master  or  mistress,  for  one  whole  yeari 
such  person  in  any  of  these  cases,  shall  be  ad- 
judged and  deetned  to  gain  a  legal  settlement  in 
in  the  same  township  or  place,  uheie  such  per* 
son  shall  so  execute  an  oitice,  be  charged  wiih 
and  pay  taxes,  take  such  lease,  or  own  any  such 
freehold  estate,  and  dwell  thereon,  as  aforesaid  : 
or  being,  hired  or  bound,  shall  continue  and 
inhabit  in  a  place  for  one  whole  year,  as  afore- 
.said-  Eveiy  indented  servant  legally  bi ought 
u\ to  this  Territory  shall  obtain  a  legal  settlement 
La  the  township  or  place  in  which  such  servanr 


[  '37  > 

shall  have  first  served  with  his  or  her  master  or 
mistress,  ihe  space  of  sixty  days,  and  if  after- 
wards snch  servant  shall  duly  serve,  in  anv 
other.  pJWe  for  the  space  of  six  months,  such. 
servant  shall  obta.n  a  legal  settle  meat  in  the  conn- 
ly,  township  or  place  where  such  service  was 
last  performed*  either  with  his  or  her  first  master 
or  mistress,  or  cm  an  assign  men  U 

\yill.  Every  married  woman  shall  be  deem-  As  to  married 
ed    during  .coverture,1   and  after  her  husband's  wnme-i  and 
death;  to  be*  legally  settled  in  the  place  where 
he  was  Ustlegalty>  settled  ;   but  if  he  shall  have 
no  known  tegalsettlemerrr;   therr  she  shall    be 
deemed,  whether  he-is  living  or  dead,  to  be  legal- 
ly seitledin  I  he  place  where  she  was  last  legally 
settled  before  the  marriage. 

}*IX.'  If  any  person  or  persons  shall  come  out 
of  any  of  ihe  United  Slates  into  a  !ownsf»ip   or 


place  within  this  Territory;,  or  shall  come  ^ut         **e.rs  "  to 
*'r  i  •.  ,'.,..        ,  .  .  to*nli>ipsor 

or  any  township   or  place  wil  run  this   territory  tue   Terrhorr 

into  any  other  township  V>r  place  thereof,  lliere 
foinhabtf  and  reside,  and  shall.  aJ  .the  same  time 
procure,  bring  and  deliver  unto  the  oTerseersof 
the  poof  ol  the-  township  or  place  where  he,  she 
or  they  shall  come  to  inhabit,  a  certificate,  Un- 
der the  hands  and  seals  of  the  overseers  of  the 
poor  of  I  he  low  nship  or  place,  from  whence  lie, 
sheor-th'ey  removed,  ta  be  allowed  by  iwo  or 
tnorecredible  witiresses,  thereby  a  ok  now  legging 
thepersonnrpersoas  mentioned  in  the  said  cer- 
tificate, to  beaji  inhabilant  or  inhabitants,  legal- 
ly settled  in  thai  township  or  place,  every  such 
cWtificale  having  been  allowed  or,  and  su-bscrib 
ed  by  one-orrmore  justices  of  the  peace  of  the 
county  wheteVsudr  township  or  pjace  dolh  lie,. 
shall  oblige  the  said  township  or  place,  to  pro- 


vide  for  the  persons  men rioned  in  the  said  certifi- 
cate, together  with  his  or  her  family  as  inhabi- 
tants ot  that  place,  whenever  he,  shs  or  they 
happen  to  become  chargeable  to,  or  be  obliged 
to  ask  relief  oft  be  township  or  place,  to  which 
such  certificate  was  giv-en,  and  into  which 
he,  she  or  they  were  received  by  virtue  of  the 
said  cerufica!e:a^d  then,  and  nol  before,  it  shall 
and  may  be  lawful  for  any  such  person,  and  his, 
beror  their  children,  tho'  born  in  the  township 
or  place,  and  his  or  her  servants  or  apprentices, 
not  having  otherwise  acquired  a  legal  settlement, 
thereto  be  removed,  convex  ec!  and  settled  in  the 
township  or  place,  from  whence  such  ceitificato 
"was  brought,  And  the  witnesses  who  atle^t 
theexecuiion  of  the  certificate  by  the  overseers, 
or  one  of  the  said  witnesses  shall  make  oath  or 
affirmation,  according  to^iaw,  before  the  justices 
who  are  to  allow  tl:e  same,  that  such  witness  or 
witnesses  did  see  the  overseerss  of  the  poor, 
whose  names  and  seals  are  thereunto  subscribed 
and  set,  severally  sign  and  seal  the  said  certifi- 
cate; and  that  the  names-of  each  witnesses  at- 
testing the  said  certificate  are  of  their  own  pro* 
per  hand  writing;  which  said  .justices  shall  also 
certify  that  such  oath  or  -affirmation  was  made 
before  them  ;  and  every  such  certificate  so  allow- 
ed, and  oath  or  affirmation  of  ihe-execulion  there- 
of so  certified,  by  the  said  justices,  shall  be  lalen 
and  received  as  evidence  without  proof  {.hereof, 
and  no  peison  so  coming  by  certificate  into  any 
township  orplace,  nor  an  apprentice  or  servant 
lo  such  person,  shall  be  deemed  or  adjudged,  by 
any  law  whatsoever,  to  bavegainecl  a  legalselHe] 
inent  therein  unless  such  peison  shall,  after  the 
date  of  such  certificate  execute  some  public  aa- 


[  '39  1 

nual  ofScc,  being  legally  placed  therein,  in  such 
township  or  place, 

'XIX.  No  person  whomsoever  coming  into  any 
township  or  place  without  such  certificate,  as  a- 
foresaid,  shall  gain  a  legal  settlement  therein', 
unless  such  person  shall  give  security,  if  required, 
at  his  or  hercoming  into  the  same,  for  indemni- 
fy ing  and  discharging  such  township  or  place,  to 
be  allowed  by  any  one  Justice  of  the  peace 
respectively^ 

XXI.  Upon  any  complaint  being  made  by    the 
overseers  of  the  poor  of  the  proper  township   or  perroo*  likely 
place  to  any  one  or  more  of  the  justices  of  the  said  to  be«..n>e 
county,  wherein  such  township  or  place  is  situ-  chargeable  to 
5,0,  it  shall   and  may  be  lawful  .to  and  for  any  ^^^1^ 
c.vo  just  ices  of  thesaid  county,  respectively,  where  moved. 
any  person  or  persons  is  or  are  likely  to  become 
chargeable  to  the  .said  township  or  place,  where, 
lie,  she.   or  they  shall  come  to  inhabit,  by  their 
warrantor  order,  directed  to  the  said  overseers 
to  removeNand  convey  such  person,  or  persons  to 
lite  county,  township,  place  or  stale,  where    he, 
she  or  they  was  or  were  last  legally  settled,    un- 
less such  person  or  persons  shall  give   sufficient 
security  to  discharge  and  indemnify  the  said  town- 
ship or  place,  to  which  he,  she,  or  they    is,   or 
are  likely  to  become  chargeable,  as  aforesaid. 
XX/f.  jf  any  person  orpersona  shall  think  him 

cr  themselves  a  "grieved,    by    any  order    of  re-  fc       .. 

ii66  r  i    '       •  i  •        -  i    A'pn^al  from  the 

inoval    made  by  any  or  the  saiu  jiuuce*,    such  p[rty  fo  re- 

person  or  persons  may  appeal  lo  the  justices  of  moved. 
the  peace,  at  .heir  next  General  quarter-sessions 
of  the  peace,  for  the  county  from  whence  such 
poor  persons  shall  be  removed,  and  not  eKe- 
vvhere,  which  said  court  shall  determine  the 
:  and  if  there  be  any  defects  of  form  in  such 
T  ' 


tkcrccc. 


/gain ft   vexati 
ouft  removals 
and  frivolous 
appeals, 


order,  the  justices  in  .the  said  sessions  shall  cs\\*i 
the  same  lo  be  rectified  said  araendcd,  without 
any  costs  lo  the  party  ;  and  after  such  amend- 
ment, shall  proceed  to  hear  the  truth  and  merit* 
of  the  cause ;  bu-t  no  such  order  of  removal  shall 
be  proceeded  upon,  unless  reasonable  notice  b* 
given  by  the- overseers  of  the  lownspip  or  place, 
appealing,  unto  the  overseers  of  the  township  or 
place,  from  which  the  removal .  shall  be;  the 
reasonableness  of  which  no  lice  shall  be  deter- 
mined by  the  justices,  at  the  quarter  sessions  to 
which  the  appeal  is  made:  and  if  it  shall  appear 
to  them  that  reasonable  time  of  notice  was  not 
given,  then  they  shall  adjourn  the. appeal,  to 
the  next  quarter-sessions,  and  there  determine 
the  same. 

XXtJI.  For  the  more  effectual  prevention  of 
*  vexatious  removals  and  frivolous  appeals,  the 
justices  in  sessions,  upon  any  appeal  concerning 
the  settlement  of  any  poor  person,'  or  upon  any 
proof  before  them,  then  to  be  made,  of  notice 
of  any  such  appeal  to  have  been  given  by  the 
proper  officer,  to  the  overseers  of  any  tovuuhip 
or  place  (though  they  did  not.  afterwards  pro- 
secute such  appeal)  shall,  v  at  the  same  sessions, 
border  lo  the  party,  in  whose  behalf  .such  appeal 
^shall  be  determined,  or  to  whom. such  tiotice  did 
appear  to  have  been  given,,  such. cos t&aitfi  charg- 
es, as  by  the  said  justices,  in  their: tliscretiun, 
shall  be  thought  most -reasonable  and  jnst,  lo  be 
psid  by  the  overseers,  or  any  other  person,  a- 
gainst  whom?  such  appeal  shall  be  determined, 
or  by  the  person  that  did  give  3-uch  notice.  And 
If  the  person  ordered  to  pay  such,  costs  and  charg- 
es, shall  live  out  of  the  jurisdiction  of  said  court, 
any  justice,  where  such  person  shall  inhabit? 


shall,  on  request  to  him  made,  and  &  true  copy 
ol  the  order  tor  payment  of  such  costs  and  charg- 
es, certified  under  the  hand  of  the  clerk  of  the 
court,  by  his  warrant,  cause  the  same  to  be  le- 
vied by  distress  ;  and  if  no  such  distress  can  be 
had,  shall  commit  such  person  to  the  common 
jail,  thereto  remain  without  bail  or  mainprize, 
until  he  pays  the  said  costs  and  charges. 

XXIV.  But  if  the  said  justices  on  such  appeal  judgment  fof 
shall  determine  in  favour  of  the  appellant,  that  appellant. 
such  poor  person   was  unduly   removed,    they 

shall,  at  the  same  Quarter-sessions,  order  and  a- 
ward  to  such  appellant,  so  much  money  as  shall 
appear  to  the  said  justices  to  have  been  reasona- 
bly paid  by  the  county,  township  or  place,  on 
whose  behalfsuch  appeal  was  made,  towards  the 
relief  of  such  poor  person  between  the  time  of 
such  undue  removal,  and  the  -determination  of 
such  appeal  with  the  costs  aforesaid,  the  said 
money  so  awarded,  and  the  costs  to  be  recover- 
ed, in  the  same  manner  as  costs  and  charges, 
awarded  against  an  appellant,  are  to  be  recover- 
ed by  virtue  of  this  law,  as  aforesaid, 

XXV.  \i  any  housekeeper  or    :nbabitant  of  PtfITaUr  on.cr 
the  Territory  shall  lake  into,    receive  or  ei  ter-  fons  entertSia- 
tain  in  his  or  tar  house  or  houses,  any  perse  n  or  ia?  °M 
persons  whatsoever,  not  being  persons  who  hay ,5  * 

gained  a  legal  settlement,  in  some  townsh:p,  or 
place  within  this  Territory,  and  shall  not  ti/e 
notice  thereof  in  writing,  to  the  proper  overseer's 
of  the  poor,  within  ten  days  next  after  so  receiv- 

g  or  entertaining  such. person  or  persons,  such 

nhabitant  orhouse-keeper  being  thereof  legally 

evicted,  by  testimony  of  one  crcdibJe  witness, 

on  oath  or  affirmation,  before  any  one  justice  of 

«  peace  of  the  county  where  such  person  dwelb> 


crs 


EM'] 

l  forfeit  amTpny  I  lie  sum  of  lliree  doll;  rs  for 
every, such  offence';  the  one  moiety  to  the  use  of 
the  po.or.of  the  said  township  or  place,  respoo. 
lively,  and  the  other  moiety  to  the  informer,  IQ 
be  levied  on  the  goods  and  chattels-  of  the  delin- 
f|iients,  in  the  manner  hereinafter  directed,  and 
for  want  of  sufficient  distress,  the  offender  to  be 
committed  la  the  work-house  ot  the  township, 
or  the;ailof  the  said  county,  there  to  remain 
•without  bail  or  mainpri^e,.  fox,  the  space  of  ten 
days, 

per*!*  XX^  And  mpreover,  in  case  the  person  or 
in  cafe  of  persons  so  en  trained  or  concealed shall  become 
's  deatl .  poor  and'unable  to  maintain  him  or  herself  or 
themselves  and.cannol  be  removed  to  the  place  of 
his  or  her  or  theirJast  legal  settlement  in  any  o- 
ther-jslateif  any;sucru  lie,  she  or  they  have  or 
shall  happen  to\clieT  .and  not  have  wherewithal 
lode/ray  ike  charges  of  his,  her  or  their  fiineial, 
ihen,  and' in  such  case,  the  houscrLeeper  or  per. 
son  convicted  arentertairiing  or  concealin.gsuch 
poor  person,  against  th.e  tenor  of  this  law,  .shall 
DC  obliged  to  provide  for  and  maintain  such  poor 
and  indigent  person  or  persons  :  and  'in  case  of 
such  poor  persons  death,  sjiail,  pay  the  oveiseeri 
of  the  poor,  so  much  niojey,v  as  shall  l>e  ex- 
pended, on  the  burying  of  such  popr  and  indi» 
t^ent  person  or  persons;  and  upon  refusal  so  to 
do,  it  shall  be  lawful  for  "the  cverseers  of  the 
]joor  oflhesaid  township  or  place,  respectively, 
and  they  are  hereby  required,  to  .assess  .a  sum  of 
money  on  the  person  or  persons  so  convicted, 
from  lime  to  lime,-  by  a  weekly  assessment,  for 
rpflintaiiiihg  such  poor  andindigent  person  or 
]>ersons,  or  assess  a  sum  of 'money  for  defraying 
JIG  charges  otsuch  poor  person's  funeral,  as  the 


C  M3  1 

cnsc  maybe  :  and  in  case  the    party  convicted, 
shall  refuse  lo  pay  the  sum  of  money,  so  s^s 


or  cha'-ge-'l,  to  t  he  overseers  of  ibc  poor,  for  the  us- 
es a  fores  aid,  the  same  5  hall  be  levied  on  the  £oods 
aiu)  chattels  of  the  offender,  in  the  manner  heie- 
aller  direc-ted.  But  if  sueli  persons,  so  con  vie  fed, 
have  ao  goods  or  chattels  to  satisfy  the  money,  so  as- 
sessed tor  him  or  them  to  pay,  then  thesaid  justic- 
es sl:all  (  r  nun  it  the  offender  Lo  prison,  there  lo  re- 
[inain  without  bail  or  mainpme,-  until  he  or  they 
have  paid  the  same,  or  unul'he  or,  they  shall  be 
discharged  by  due  course  of  law,. 

X\fal..  If  any  person  b«  reifioved,  by  virtue  Orerfwt 
of  this  law,  from  one  township  or  place  to  ano- 
iher,  -by  warrant,  or  order;  under  the  hands  and  r^ 
seals  of  two  justices  of  tlie  peace  as  aforesaid, 
tli3  overseers  of  the  poorbf  the  township  or  place, 
lo  which-  the  said  .person  s^hall  be-  "so  removed, 
are  hereby  required  to  receive  said  person,  and, 
if  any  of  the  said  -overseers  shall  neglect  or"  refuse 
so  to  do,  he  or  they  so  offending,  upon  proof 
thereof  by  one  or  more  credible  witnesses,  upon 
oath  or  affirmation  Before  one  or  more  of  the  justi- 
ces o  I  the  peace  of  the  county  where  the  oficndcr  Pcnaitt-  on 
dolh  reside,  shall  forfeit  for  every  such  ofieuce  Ie^* 
the  sum  of  twelve  dollars,  to  the  use  of  (be  poor 
of  the  tovvrislupor-pLic^,  from  which  such  person 
was  removed  to  'be.  levied  by  distress  and  sale  of 
the  offender's  goods,  by  ,  warrant,  under  the 
hand  and  seal  ot  thesaid  justice  of  peace,  which 
lie  is  hereby  required  and  empowered  to  make, 
directed  to  the,  constable  of  the  %  township  or 
place,  where  such  offender  or  offenders  dwell, 
returning'  the  overplus,  if  «ny  there  be,  Jo  the 
owner  or  owners,  and  for  want  of  sufficient 
distress,  then  the.  offender  lo  be  committed  to* 


r  144  3 

flic  fail  of  the  coiinlv  where  he  dwells,  thereto 
remain  without  bailonnainprize  for  the  space 
of  forty  day.0. 

X  V/7//,  Ifany  poor  person  shall  come  to  any 
Proceedings  township  or  place  within  this  Territory  and  shall 
of  orie'pUee00*  happen  to  fail  sick  or  die,  before  he  or  she  have 
Jicken  :<>r  die  in  gained  a  legal  settlement  in  the 'town  ship,  or 
aaioiher.  place,  to  which  he  or  sheshaH'coine  so  that  such 

person  cannot  be  removed,  the  oveiseers  of  ihe 
poor  of  the  township,  or  place,,  into  which  such 
person  is  come,  or  one  of  them,  shall,  as  soon  as 
conveniently  may  be,  give  notice  to  the  overseers 
of  the  poor  of  the  township  or  place,  where  such 
peison  had  last  gained  a  legal  settlernentor  to  one 
of  them,  of  the  name,  circumstances  and  condi* 
fion  of  such  person  ;  and -if  the  overseers  ol  the 
poor,  to  whom -such  notice  shall  be  given,  shall 
neglect  or  refuse  to  pay  the  monies  expended  for 
the  use  of  such  poor  person,  and  to  take  order 
for  relieving* jyid  maintaining  such  poor  person, 
©r  in  case  of  his  or  her  death,  before  notice  can 
be  given,  as  aforesaid,  shall,  on  request  being 
jtiade,  neglect  or  refuse  to  pay  the  monies  ex- 
pended in  main  lain  ing' and  burying  such  poor  per- 
son, then,  and  in  every  such  case,  it  shall  be 
lawful  for  any  two  justices  of  the  peace  of  the 
county  where  such  poor  person  was  last  legally  set- 
tled, and  they  are  hen- by  authorized  and  required, 
upon  complaint  made  to  them,  localise  all  sljch 
sums  of  money,  as  were  necessarily  expended 
for  the  maintains  nee  of  such  poor  person,  during 
the  whole  tixnc-of  his  or  her  sickness,  and  in  case 
lie  or  she  die,  /or  his  or  her  burial,  by  -warrant 
under  their  hands  and  seals,  to  be  directed  to 
some  conslable  oi  the  county, respectively  to  be 
lev  led  Ly  distress  ar*d  sale  oi  the  ^occis  and  chat- 


of  the  sate!  overseer  or  overseers  of  (he  pnsr; 
$o  neglecting  or  refusing  lo  be  jviid  to  tlio  rwer- 
»e'M  or  overseers  of  ihe  township  or  pU<e,  whera 
such  poor  person  happened  10  be  sick,  or  to  die, 
as  aforesaid,  and  the  overplus  ot  the  monies  an** 
ing,  bv  sale  of  such  goods,  remaining  in  the  con- 
stable's hands,  after  the  sum  of  money  ordered  to 
be  paid,  together  with,  the  costs- or  distress,  ara 
sa'iblifd,  shall  be  restored ta  the  owner  or  own- 
eis  ofihesaid  goods:,  if  any  of  the  said  oveiseers 
shall  think"  Mm  or  themselves-  aggrieved  by 
any  sentence  of  srich' justices,  or  by  their  refu« 
sal  to  make  any  order,  as  is  aforesaid,  he  or  they 
may  appeal  to  the  justices  of  the  peace,  at  their 
ne<t  court  of  quarser sessions-  for  the  county 
where  sir-  h  justices  reside,  and  not  elsewhere  ; 
who  are  hereby  authorized  and  required  to  hear 
and  finalU  to  determine  thesarr.e.- 

XXIX.  The  father  and' grand  father/  and  the  Dotletenj  ? 
mother  and   grand-mother,  arid  the   children  of0/1**11"?* 

i  i    i  i-      11  t  •  tncrs  aad 

every  poor,  old,  blind,  lame  and  impotent  peison,  drea. 
or  other  poor  person  not  able  lo  work;  being  of 
tnf-icient  ability  shall  at  their  own  charges,'  re- 
lieve and  maintain  emery  such*  poor  person,  as  (ha 
justices  of  the  peace  at.  theic  next  General  quar- 
ter sessions  for  the  county,  where  such  poor  per- 
son lesides,  shall  order  and  direct,  on   pain    of 
foi  letting  the  sum  of  five  dollars  for  eveiy   month., 
they  shall  fail  therein. 

A.VA'.  Whereas  it  sometimes  happens  that  men,  VcD 
operate  themselves,  without    iea:ronab!e  cause,  theii 
prom  their  mves,aud  desert  their  children/  aud^»omen  fl'c'r 
women  also  desert   their  children,  leaving  them 
a  cliarce  upon  the  said  township  or  place  afore- 
sai.i,  ahhough  such  person    may  have    estates 
•w  hick  should  con  Uibute  to  the  mainlainajLcc  o-f 


C  M6  ] 

such  wives  or  children ;  it  shall  and  may  be 
lawful  forthe  overseers  of  the. poor  of  the  said 
Lownskip  orplace,  having  firstobtained  a  warrant 
or  order  from  two  justices  of  such  towship  or 
place, . where  such  wile  or  children  shall  be  so 
leltor  neglected,  to  lakeand  seize  so-much  o{  the 
goods  and  chattels,  and  receive  so. miuh  of  the 
annual  rents  and  profits  of  ihe  lands  and  tene- 
inents;of  such  husband,  father  or  mother,  as  such 
two  justices  shall  order  and  direct,  for  prnvidin* 
for  such  wife,  and  for  maintaining  and  i  bringing 
up  such  child  or  children;  which  warrant  or 
order  being  confirmed,  at  the  next  quarter-ses- 
sions lor  ihecoimly,  it  shall  and  may  be  lawful 
for  the  justices  there,  to  make  an  older  for  the 
oveiseerstlo  dispose  of  such  goods  and  chattels, 
by  sale  cr  otherwise,  or  so  much  of  them  for  ihe 
purposes  aforesaid,  as  ihe  court  shall  think  fit, 
and  to  receive  the  rents  and  piofus,  or  so  much 
of  iheln,  as  shall  be  ordered,  by  the  said  sessions, 
of.hU  or  her  lands  and  tenements,  for  the  pur- 
poses aforesaid  ;  and  if  noesiaie  real  or  personal, 
of  such  husband,  lather  or  mother  can  bn  found, 
wherewith  provision  *iuay  be  made,  as  rf  resaid, 
it  shall  and  may  be  lawful  lo  and  for  the  said  jus- 
tices, in  their  court  of  quarter-sessions  for  the 
county,  toordef  >he  payment. cf  such  Mjms  as 
they  shall  iLiukreasouab'e,  for  the "maintainance 
of  any  wife  or  children  sone;grected  and  com  nut 
such  husiband,  father  or  mo ther  to  the  comrnori 
jail,  there  lo  remain,  i&ilii  he  or.  she  comply 
with  the  said-order,  give  security  for  the  perform- 
ance thereof  or  be  otherwise  discharged  by  the 
said  jusiices  ;  ami  o-n  complaint  made  to  any 
justice  of  thepeace  in  any  county,  o.f  any  wife 
orcliifdren  being  so  uecjected,  such  jus  lice  shall 


[M7l 

take  security  from  the  husband,  father  or  mother 
neglecting,  as  aforesaid,  lor  his  or  her  appear- 
ance, at  the  next  General  quarter-sessions,  there 
fo  abide  the  determination  of  the  said  court,  and 
for  want  of  security  to  coimnit  such'  person  to  jail. 

XXXI.  The  several  fines,  forfeitures  and  pe- 
nalties, sum  *nd  sums  of  money  imposed  or  di-  _. 
reeled  to  be  paid  by  this  law  and  not  herein  coverableT 
otherwise  directed  to  be  recovered,  the  same 
and  every  of.  them,  shall  be  levied  and  recover- 
ed by  digress  and  sale  of  the  goods  and  chattels 
of  the  tit»lirit|ue<iior  offender,  by  warrant  under 
the  hand  an.d  seal  of  any  oneju*tice  olthe  cc/un* 
ty,  where  the  delinquent  or  of  fender  dwells  or  is 
to  be  found  ;  and  after  satisfaction  made  of  the 
respective  forfeitures,  fines  penalties  andsums  of 
money,  clliecled  to  be  levied  by  such  warrant,  as 
aforesaid,  together  with  such  legal  charges  as 
shall  beeomedue  on  I  lie  recovery  thereof,  the  o- 
verplus,  if  any,  lo  be  returned  t6  the  owner  or 
owners,  ot  jnith  goods  and  chattels  his  or  her 
executors,  or  administators. 

XXXI  I.  If  any  pei^on  or  prrsons  shall  find  him 
or  themselves  a-rievcd    with  any  judgment  of 
ihe  justices,  given  out  o'  tlieir    .sessions,  .in  pur-  Gent-rai 
suanre  of   this  act,  such  person  or  persons  may  ' 
appeal  to  the   ner.t    General  tjuaiter  sessions-  ofcc?t> 
Ihe  peace,  i-or  the  county    where  sentence  was 
given   (except  in    cases  iri  removal  and  cases  of 
poor  persons  becoming  charitable  in  one  place, 
wboare  l^H:ly  ssriied  in  anolh^r,  c^sis  olherwi^e 


provided  b\:  this  law)  whose  trcwL»iun,  iuallsucli 
cases  shall!  te  conclusive. 

XXXI  1L  If  any  action  shall  be  brought  against 
any  overseer  or  other  person  who  in  his  aid  and 
by  his  conjuiaiid,5)hall  do  any  thing  concerning 


[I48] 


w      Ills  of  fire,  he  may  plead  the  general    issue, 
nj    Vive  this  law,  and  any    special    matter    in 
'•^'--        -ff  shall  fai-i  in  his  acti 

or   become  nonsuit,  he 


i     *  ' 

»J'Plc°iV      Felice  ;  and  if  rhepUinliff  shall  fail  in  his  action  jj 
di  continue    tii6  same, 


shall  pay  double  costs, 


THE  foregoing  is  hereby  declared  robe  a  law, 
of  the  Territory  ;  lo  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing  :  L\l  .TES- 
TIMONY vfbereof,  we  Arthur  St.  C/n/r, 
John  Cleves  Symmes  and  George  7 urner*  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names.  * 

AH.  ST.  CLA'U, 
JOHNC.    YMME5, 
G.       TURNLR. 


TEBBITOR  Y  OF  THE  UNITED  STATES  7 
NOKTH-WhST  OF   THE  OHIO.          J 

A     LAW     concerning     the 
Probate  of  Wills,  written  01 
nuncupative.     Adopted-  /com 
the  P  ennsylvanian  code*  and 
published  at  Cincinnati  ',    in* 
nineteenth      day      of    June, 
one  '  thousand^  seven  hundred 
Qn<l  njnefy-five  ;  by  Arthur  St, 
C|air>    -governaur,'  and    John 
Cleves    'Sy  mines    and  George 
Turner  judges*    in    and  over 
fftfic  said  Territory. 


g        .      ALT,  twills 'inTwriring,  wherein    o, 

^  .whereby  any  lands,    tenements  or 

hereditaments  have  beeo,  are  or  shalll  be  divided 


An.  ST.  CLAFR, 
'        C.  SYMMES, 


(being  proved  by  two  or  more  credible  witnes-  ancefi 

ses,  upo;i  their  solemn  oath,  or  affirmation,    or  eihtes  dcvifed 

by  oilier  legal  proof  in   tills  Territory  ;  or  being  and  bequeathed, 

proved  before  such  as  have,  or  shall  have,  power 

in  any  of  the  United  States,  or  elsewhere,  to  take 

probates  of  wills,  and    crant  letters  of  ad  minis-  "ow  Pro°f  «° 

1  ,  •  *->       •  *ir      •••.!_•  i  DC   made  or 

tration,  and  a  copy  or  such  will  with  Ihe  pro-  fucll  wins. 
bare  thereof  annexed  or  endorsed,  being  trans- 
mitted hither,  under  the  public  or  common  seal 
of  the  courts,  or  olfices,  where  the  same  have 
been  or  shall  be  taken  or  granted,  and  recorded 
or  entered  in  the  judge  of  probate's  office,  in 
this  Territory)  shall  be  good, and  available,  in 
law,  for  the  granting,  conveying  and  assuring 
of  the  lands  or  hereditaments,  thereby  given  or 
devised,  as  well  as  of  the  goods  and  chattels 
thereby  bequeathed  :arid  the  copies  of  all  wills 

.        J     ,       '  ,  •  i  ,r  *          c     i        rrobate  or  will* 

and    probates,   under    (he   public    seals   or  the  deciarea  Ilvat- 
courts,  or  offices,  where  the  same  have  been  or  ter  «f   record, 
shall  be  tiken  or     granted,    respectively,  other  and  nify  be. 

i  r  i  -ii  i      11  ft'ven  in  CTl— 

than  copies  or  probates  of  such  wills  as  shall  ap-  jeac«. 
pear    to  be  annulled,    disproved    or   revoked, 
shall  be  judged  and  deemed,  and  are  hereby  de- 
clared to  bo  matter  of  record.  ;  and  shall  be  good 
evidence,  to  .prove  the  gift  or  devise  thereby  made. 
And  all  such   probates,    as  well  as  all  letters  of  prot,atfs  an^ 
administration,     granted  out  of  this   Territory,  Utters  of  ad- 
being    produced    here,  under  the   seals    of  the  miniftration, 
courts,   or  offices,  granting  the  same,  shall  be  as  fij*" Territory, 
sufficient  to  enable  ihe  executors  or  administra-  to  have  full 
tors,   by  themselves  at    attornies,  to  bring  their  force  within  id 
actions  in  any  court  within  this   Territory,     as  if 
tl'e  same   probates,  or   letters   testamentary,    or 
adminisf  latmns  were  gran  led  here,  and  produced 
tmder  the  seal  of  the  uul^e  of  probate's  ofhce,  in 
any  county  of  ihis  Territory. 


[••If*] 

IT. •  Ptovhled  always*  That  If.  any  of  the  wills; 
whereof  copies,  or  probates,  shall  b»  so,  as  afore- 
trveu        said,    produced  and:  given   in    evidence,   shall; 
remedy    within  seven  \ ears  afler  the  testator's   (ipu-h,ap*- 

to  the       rear  to    be   disproved  or   annul-ed,   bcimc  any. 
p*~«*y    agency*   f     ,  tr  i        •  i  c 

54-..  judge  or  officer,  having   rom-.sanrc  Infreor;    or 

shall  appear  vlo  bo  revoked  or  aileied.  bv  il-,3 
testator,  either  by  a  latter  will,  or  codicil'ia 
\\iiting,  duly  proved  asafoie>a,d  /  iht-n,  au<i  in 
every  such  case,  it  shall  and  may  he  la\\:ul,  fur 
the  parry  aggrieved,  or  his  01  iheii  hei;  -,  execu- 
tors or  assigns,  to  lTa\e  rl  eii  ac'ionirt  v  hat 
shall  betaken  ordetained  fjoin  liiMii,  by  oc  car 
sion  of  such  wills,  or  Kave  I  heir  \\iit  or  wrirsof 
error  for  reversing  the  judicial  proceedings  ihere- 
upon  (as  the  case  shall  recpuie)  any  thing  herein 
contained,  ta  the  contrary  notwithstanding. 

III.  And  from  henceforth  no  nuctiupaltve 
Noncwpttive  will  shall  begoorf,  where  the  estate  thereby  be- 
will,  bequeath-  nueathed  shall  exceed  the  value  ofeigfity  dollars, 

jugmore  than  tnat  is  not  proved  by  two   or   more    witnesses, 

<c  dollart  va^  .  '        t  ,  .          ,  c 

lu«,  d^cUr«d      who  were  present  at    the  making  thereof  ;  nor 

v»id,  unleft        unless  it  be  proved,  that  the  testator,  at  the  tiice" 
roved,  and       o(    pronouncing    the    same,  did  bid    the    per- 
sons present,  or  some  of    them,    bear  witness, 
that  such  was  his  will  or to  that  effect:    nor  unless- 
Farther   qoti;.  such  nuncupative   will  be  made  in  the    time  of 
fications  a*  to     *ne   last    sickness    of  the  deceased,   and  in  the 
idch  will.  house  of  his  or  their  habitation,  or  dwelling;  or 

where  he  or  they  hath  or  ha^e  been  resident,  for 
the  space  of  ten  days,  or  more,  next  before  the 
.  making  of  such  will  ;  except  where  such  person 
•was  surprized,  or  taken  sick,  being  from  kit* 
own  house,  and  died  before  he  returned  to 
olace  o[  his  or  her  dwelling. 


I  CT£TJ 

IV.  When  six  months  have  passed,  after  snoak-  Utr'tttJco  of 

in«  of  the  pretended  testamentary  words,  no  les-  proof  *«  to 

i  *  n  i  •      j   i  '  -ii  ll*e  *vlii- 

tunoiiy  shall  be  received  to  prove  any  will  nun- 
cupative .;  except  the  said  testimoney,  or  the  sub- 
sianceuliereot,  was  cominiUed  to  writing,  withir 
!  Six  days  after  the  making  of  the  said  wilt. 

V.  No  ielLers^estarneltiary,  or  probate  of  any  Vo  probate  of-, 
mincupalivc  vviil,  shall  pas*  lire  seal  ot  the  judge  *-,n*  t.uncn|.«/ 
cf  probate's  ofhce,  in  the  respective  courr'ies,  till  liveiti  ifllie  tilt' 
Jo;n  tccii  clays,  at  ien^t,  aft«-r  the  death  ot  the  les    M  d!s-vs  *tter 

•     /  .  ,     ,,  the  dtath. 

tatoi  be  hitiy   expire;};   nor  shall  any  nnncupa* 
i  live  will  be,  at  any  lime,  received    to  be  proved^,  nor  till  the  Twi- 
uniess   piocess    have  hrst  issued  ant,    to  call  in  ll';*.'  °f  nf'*c 

E .      i  •-i1  r  i  •     i       i  ii  i      i>{  kin.  V>«   ium- 

the  widow,  c»r  next  ot  kindred  to  the   deceased  ;  mo&ej. . 
to  the  end,  they   may  contest  the  same  if  they 
please.. 

VI.  Notwithstanding  this  law,  any  manner  or  This  law  not  to 
person  being  at  sea,  or   soldier  being  in   actual  affect  manners, 

'  military  service,  may  dispose  of  his  moveables,  ^jf^*ate i-s^ fa 
-wages  and  personal  estate,  as  he  might  have  done  *aual  fcrvice.  , 
before  the  making  hereof. 


THE  foregoing  is  hereby  declared  to  be  a  law 
of*  the  Territory  ;  to  take  effect  on  and  from  the 
hist  day  of  October,  next  ensuing:  /A  TES* 
rJlMON  Y  whereof,  we  Arthur  Si.  Clair, 
John  Clcves  Symmes  and  George  Turner^  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
afuxed,  and  signed  the  same  with  our  names.' 

AR.  ST.  CLAIR, 
JOHN  C.  SYMMfiS* 
G.  TUKNfcR, 


C  1*2  3 

TERRITORY  OF  THE  UN1TFD STATES'? 
NORTH  WEST    OF  THE  OHIO  3 

A   LAW  regulating  Enclosures. 
Adopted    from   the  Pennsyl* 
vanian      code,       and     pub- 
lished    at     Cincinnati,    ihe 
twenty -fifth   day  oj  June,  one 
•tJiousand,  seven  hnndied  and 
ninety-five-*    by    Arthur    St. 
A*.  ST.  CLAIR,          Clair,    goveniont ,    and    foha 
JOHN  c.  SYMM*I,     Qeves  Symmes   and   George 

O.    TURNER.  rp  J.     ,  , 

I  urner,  judges,    in  and   over 
the  said  Territory. 

En'clofej  Sect.  I.      *  LL   corn-fields   and  grounds,  kept 

grounds  to  /"\    for  enclosures,   shall  be    well  en- 


ha  \  e 

"^clofe  cient  rail  ot  logs,  and  close  at  the  bottom,  orat 
any  rate,  not  more  than  three  inches  from  the 
ground:  and  whosoever,  not  having  their  grounds 
enclosed  With  such  sufficient  fence,  as  aforesaid, 

Owners  of         sjla]|  hurt,  till  or  do  damage  to  any  horse,  mare, 

ground f,  not  fa        i.  t         i  i        i    °       •          *  (  i 

faffed,  to   be  colt»  cattle,  sheep,  lamb  or  hog  of    any    oihci 
*c.          person,  by  hunting  or  driving  them  out  of,    or 
from  the  said  grounds,  thali  be  liable  so  make 
good  all  damages,  sustained  thereby,  ro  the  own- 
»•  to  er  of  the  said  creatures,      But  if  any  horse,  mare, 
colt,  cattle,  sheep,  lain b  or  hog,  or  a^iy  kind  of 
cattle  shall  break  into  any   anan'^  rndosuie,  the 
fence  being  of  the  afoiesaid  height  and  sufficien- 
cy, and  by  the  view  of  two   persons,    for    that 
purpose  appointed  by  the  court  of  General    cpiar 
ter- sessions  ol  the  peace,  found  and  approved  to 
be  such  ;  then  the  owner  of  such  creatuie,  .^hall 
be  liable  to  make  good  all  damages  (o   «he  own* 
or  of  the  enclosures  lor  the  lir&t  otfcncc,  single 


^ 

I  r  in  ] 

tUm.iges    only,    and    ev*r     after,    double    the 

da-na^  sunuined.     And  all  persons  havingany 

unruly  horses,  mares,  colts,  cattle,    sheep,  iambs 

or  ho3s,  lhatarenuttobekcpt  off  by  such  ten- 

ces,  as  aforesaid,  are  ordered,  and  shall  oe  oblig-  redraia  them. 

ed  to  take   effectual  care   to    restiain    the    same 

iromjres  passing  on  their  neigbow's  enclosures. 

If.  And,  for  the  better   ascertaining  and  regu-  *Ur,tir;,l; 
lating   of  partition  fen  res,  it  is  hereby   directed,  £ncpearthionv 
thai  vvhere  any  neighbours  shall,  improve  lands 
adjacent  lo  eacholher,  or  where  any  person  shall 
enclose  any  land  adjoining  roariolher's  land,  alrea*  Quarter 
dy  fenced  in,  so  thatany  part'  of  the  first  person's  to  appoint 
fence  becomes  the  partition-fence  between  them  •,  viewers  at 
in  both  these  cases,  the  charge  of  such  division  CC8>  **• 
fence  (so  Jaraser.closed  on  both  skies,/  shall  be 
equally  borned  and  maintained  by   bolh  parties, 
To  which  and  other  ends,  in  this  law  mentioned, 
each  court    or  General  quarter  sessions  of    the 
peace,  shall  nominate,  and  is  hereby  required  to 
Dominate  and  appoint,  so  many  honest  and  able 
men  as  they  shall  think  fit,,  for  each  county  res- 
pectively"; to-  view  all  such  feace  and  fences,  a- 
Doiil  which  any  difference  may  "happen  or  arise,  Haw 
and  the  ,ak>resaid-persons  i«  each   county,  res     hc°  to 
pectively,  shall  be  the  sule    judges  of  the  charge 
to  be  borne  by  the  delinquent,  or  by  bord  or  ei* 
ther  party,   and  of  the  sufficiency  or  all  fences, 
whether  paitirion  -fences  or  others.     And  where- 
they  judge  any'fence  to  be  insufficient,  they  slull  fuJficU  n 
give  notice  thereof  to  the  owners  or  possessors:   «n«l 
and  if  any  one  of  the   said  owners  or  possesors,  lo 
upon  iherequcst  of  the  otherTand   due  noiive  gi-  ° 
ven  by  the  said  viewers,  shall  refuse  to  ?  make  or 
icpjir  the  sai  1  fence  or  fences,  or  to  pay  the  moi.1 
ety  of  the  c.Lr.r^a  of  any  fence,  before   made 


lo  bc 


(belaga  division-fence)  within  ten  clays  after 
lice  given,  then,  upon  proof  thereof,  before  l>wo 
justices  of  the  peace  of  the  respective  county,  it 
shall  be  lawful,  for  the  said  justices,  to  order  the 
person  aggrieved  and  suffering  thereby,  to  repair 
the  said  fence  or  fences  ;  who  s:ha!l  be  reimburs- 
ed his  cost  and  charges  from  the  person  so  re 
fusing  to  make  good  the  said  partition  .fence  or 
fences  ;  and  the  said  costs  and  c'harges  .shall  be 
levied  upoi/the  offender's  goods  and  chattels,  nn- 
titer  wan  ant  f/orri  the  «a  id  justice,  by  disci  ess  anxl 
sale  theieof;  the  overplus  if  ally  i>e,  to  be  le" 
turned  to  the  party  offending. 

111.  P.'ouifled,  That  nothing  herein  contained 
Prevlfo.  that      s]la|]  j.)e  i.nleiuled  to  prevent  or  debar  anv  person. 

- 


an\    peo-  .  i       •          t  •  i  I 

c-,«\  ni*U  o-       or  pei  sons,  from  enclosing  tus  or  ilieir  grounaf 

t«  cr  cncufsircs  with  fujfu  ient  wall  or  paiiisadofs,  or  bv   dikes, 

xiitfe'n  n^n/fo-  .  fcedgos  3ii(J*clil(  lies  ;  all  sue  h  walls  and  p^l'isadoos 

?be  ""ne  fit  ^of    to  ^!»  height,  at.  least,  five  feel  frrtm  ihe  ^roun-J; 

tbitUw.  and  all  dikes  to  be,   arlea-t,  Jh-ee  bet  in    height 

from  the  bottom  of  ilie  difclu  aud  planlrd  01  set 

Vvilh  thorn  or  quickset  ;  vo  that   siich  eurlosures 

slitill  fully  answer  and  sccme  ihe  sevrra!  purpo- 

se^  meant  to    be  aiisv\*eied  and   seemed  by    tins 

law. 

&ich  tneUftircft       f  P-  'Provided  cko,  '  That  srOb  v\i«11s  a?:d  pal- 
bf^^vrr.  to  \>*  lisadocs,  aiul  dikes,  fcedge5-ai:c!  (tilche?.,  sh.«!lhe 
fwbj.fl  '  V;.^'  subjecNo  ali  pi-ovUions-H  iii-pecii(.n  si-d  jesiiic- 
"  tions.   respective]},   jxvv>hi(ii.  by  Hi.s  law,    anv 
Qlhet  'endofeure  or  fence  is  u»dde  Jiable,  accord- 
in    io  the  true  intent  and  uicaaing  hereof. 


'TT1F  ff»rp£rolng  is    r-erebv  c'e^rec'  !o     o  n 
of  tlie  Territory  ;   io  tale  e  fleet  of  and  horn 


first  day  of  October,  nc<t  ensuing  :  TN* 
771/OVT  whereof,  we  sjrtliuf  if/.TT 
John  CfeJes  Symj^rs  and  Gr.nrge  Turner  ,  have 
caused  the  *eal  oft  Ire  Territory  to  be  thereunto 
affixed,  aud  signed  the  same  with  our  names. 

AH    T.    CL  xlii 
JOHN    ('.  &YMME& 
G.    'J  URNER. 

TERRITORY  OF  THE  UNITED  STATES 
MOKTd-  \VjiSF  OF    I'H  iiO.no, 

A  LAW  as  to  the  —  order 
of  pajing  debts  of  per-, 
sons  clecea>.eclv  Adopted  from 
llie  Pcunsylwnfan  code,  and 
published  al  Cincinnati,  the 
j.vcnty  sixth  day  of  June, 
A*  ^T  CLATR,  one  thousand^  seven  hundred 

°"^  n''nc(r-flvs'  bf  Arthur  St, 
Clriir,  goi'rrnnur9  and  John 
Clevcs  S)mmes  and  George 
Turner,  judges,  in  and  over 
said  Territory. 


Sec.  1,     A  LL  debfs  owing  by  any  person  wltlv 

**    in  this  Territory,  at  the  time  of  his  debts/viz. 
or.  her  decease,  shall  be  paid  by  his  or  hof'  ex-, 
ec'.itors  or  administrators,  so  far  as  theyhave  as-^. 
sets,  in  manner  and  order  following,   that  is    to  T*  ^uncral  ^*] 
6ay,  First  funeral  expenses  and  physic.    Second-  fie" 
ly,  debts  and    duties  to  the  Territory.     Thirdly^  2.  Public  debts"? 
judgments.     Fourthly,    debts  due    by   recogni.^3-  Judgmmm  .* 
zauces.     Fifthly,    rents.     Sixthly,     obligations,  •'+*;iu*ui 
bills  penal,    and    protested    1)iils    of  exchange.  5.  Rents.* 
Seventhly,  single   bill*.     Ei^dtly,  servants'  and  6-  Bond«,  &'c.\^ 

wages.       Ninthly,     merchants'  and  J''*^    • 
'  buck  debts',  and  promises  by  word._ar-  n. 


rears  of  accounts,  and  such  lite,     WMrh  said 
pa>menrs  shall  be  good  ;n.id  available-  iii  law,  a- 


gainst  all  pel  sons  whomsoever. 

°C" 


°c,C  ^"   Nothing  herein  contained,    sliall   prevent 

or  damnify  any  executor  or  &d  minis  I  rat  or  for 
discharging  the  decedents'  just  debts,  as  the  same 
shall  come  to  his,  her  or  their  knowledge, 
•without  regard  to  tlie  priority  of  ihe  same,  in 
payment,  after  the  expiration  of  twelve  months 
from  the  time  of  the  said  decedents'  decease. 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
twenty  sixth  day  of  June  next  ensuing  :  IJ\  7-ES- 
T1MONY  whereof,  we  Arthur  St«  Clair, 
John  Cleves  Syjnrnes  and  George  7  urtier*  have 
caused  the  seal  of  ihe  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST.  CLAW, 
JOHN  C.    YMMESL 
G.       TURNER, 


OF  THE  UN1TFD  STATES  ? 

or  Tilt  OHIO 


A  LAW  concerning   trespas- 
sing     \iiim.-ils.       Adopted 
Jrtjin      the     Prfinsi  Ivnnian 
Ci)lc,  and  puiilslied  al  Cin- 
cinnati, il.e     frv>cniy  -sixth, 
dcy  oj  limit,  one  thousand^ 
seven  Lund  ted  and  ninety- 
fwc;    by  Aithiir    St.  Clair, 
ST.  CLAIR,  fwcntoiit*  and  John  Cleves 


SYMXH,  <7m/   George  Tur 

D 


O.     1  UftAfcft.  .  , 

.  _          n«*rt    judges*    in  and   over 
the  said  Territory, 

Sec.  1.  IFanyhorso,  mare,  colt,  caltle.  sheep, 

1  lamb  or  hoas     (aller  the  publication  Tre  raffing  a  nl- 

\      i      it  i          i  •         •  .1       inal?  iray  nr  de* 


r    i  •    t         \      i      it  i          i  •          •  .1  ray  n 

Or  this  law)  shall  trespass,  by  brealunginto    the  ta-UK(j  (\\\ 

la\\  ful  enclosure  o|  any  person  or  persons  ;    ^ihe 

same  being  made)  every  such  person    being   in- 

jured   by   such  trespass,  may  seize  and  distrain 

surh  trespassing  creature  (horse  mare,   colt,  cat- 

lie  or  sheep)  and  il.e  sa'iie,  so  se^zedand  distrain- 

eJ,    may    retain,    until    lie,    she  or  they    shall 

recover   and  receive  Me   damages  sustained  by 

sue  h  trespass,  together  with  the  costs  of  adver- 

tising, and  reasonable  charges  (or   keeping  such 

distress,  in  manner  hereinafter  directed. 

11.  Every  person  or  persons,  making  such  dis-  v     .  . 

,     T.7  1     .  .  .       ,  1  '.  c          D.    ,       ,  Notice   thereof 

tress,  shall,  within  the  space  of  forty  eight  hours  to  be  given  and 

altei  the  sameshalibe  made,  give  notice  thereof  how. 
lo  the  owner  or  owners  of  such  horse,  mare, 
colt,  cattle,  sheep  Iamb  or  hog,  if  he,  she  or 
they  can  be  conveniently  found;  but  il  not, 
then  such  person  or-persons,  seizing  or  dUlrain- 
ing  such  trespassing  creature,  shall,  within  three 
b  after  the  distress  taken,  as  aforesaid,  cause 


an  advertisement  of  the   marks,    brands,  sfacure 
and  colour    thereof,  and  of  the  place  where  the 
same  may  be  found,  to  be  atfixed  in  a    conspicu- 
ous manner,  at  the  most  frequented  and  public 
place  of   his,  her  or    their  townships:    and   if, 
upon  such  notice  or  advertiseiiie.it,  such    owner 
or  owners  shall  appear,  but  neglect  or  refuse  to 
make  or  tender  a  reasonable   satisfaction  to   the 
party  injured,  for  the  damages  sustained  by  such 
Haw  fatlsfac*      trespass,  and  in  keeping  the  said  creature  ;  or  if 
tioato  be  made.  inc  said  person  or  -person  5,  so  making   I  he  dis- 
Ijess,  shall  .not  accept  the  said  satisfaction,  it 
shall  and  may  be  lawful  for  either  of  the   parlies 
aforesaid,'  to  complain  and  apply  to  any  justice 
of  the  peace  of  the  county,  where  such  creature 
shall  be  seized  and  distrained,  ys  afo/c^aid,  who 
shall,  upon  such  complaint  and  appluatio-i,  isjiie 
his  warrant,  directed  to- two  repuuMe  and    ho- 
nest  freeholders   of  the   neighbourhood,    com- 
manding and  enjoining  them  forllwilh  to  view 
ihe  said  trespass  and  to  value,  appraise  an. 1  "as- 
certain the  injury  or  damage  done  to  or  wiihin 
the   enclosure,    aforesaid,   having  regaid  to  the 
lawfulness  of  said  fence,   with  the   expense  and 
costs  of  keeping  the  creature,  and  to  make  report 
thereof  to    them,  the  said  justice,  with  all  con- 
venient speed  ;    which  said  valuation  and    ap- 
praisement, and  return,  they,  lliesaid  freehold- 
ers,  aie  hereby  required  and- enjoined  to  make 
accordingly,     And    if   the  said  valuation    and 
appraisement,  shall    not  amount  to    more    than 
the  sum  of  money  tendered  to  the  party  injured, 
as  a  recompense  for  the  damage  done,    as  afore- 
said,  before  such  complaint  made,  then  the  said 
justice  shall  give  judgment  for    the  same  only, 
Jo  the  party,  refusing  such  tender,   and  award 


reasonable  costs  and  charges  to  the  other  party, 
for  the  unjust  vexation  ;  but  i/lhc  sa:d  valua- 
tion shall  amount  to  more  than  thesum  tendered, 
or  if  nosttch  reader  bo  made,  then,  and  in  that 
c*ic,  the  said  justice  shall  award -and  give  judg- 
ment for  th.2  valuation  afoiesaid,  to  thepaity  in- 
jured; with  reasonable  costs  and  charges,  or 
keeping  the  said  creature  so  trespassing  against 
t!ie  oilier  party,  and  shall  awaid  execution  up- 
on *very  such  judgment,  with  costs  of  suit  ac*'. 
cordingly, 

1  1.    vVhoever  .shall  hurt,  kill  or  do  damage  to  Oaniieref  00 
any  horse,  kiue,  sheep,  Iamb  or  hog,  by  hunt-  burtir,^  orkil- 
ing  or  driving  them  out  of  or  from  the  said  enclo-  1105 
sires  or  by  neglecting  to  provide  them  with  suf-  &c* 
ikieiit  food  and  water,  after  they  may  have  been 
distrained,  shall  be  liable  to  make  good  all  damag- 
es MI  slain  ed  there  b.y,  to  the.  owner  ot  such  crea- 
ture or  creatures.. 

iy*  If  no  owner  or  owners  appear  and   make 
out  his  or  their  property  in  (he  said  creatures, 
witliiu  two  weeks  aHer  such  advertisements  shall  appear. 
be  published  in  the  township,  as   aforesaid,  the 
person  or  persons   making  such   distress,   shall, 
fuiihwith,  under  the   penalty  of  twelve  dollars, 
cause  the  like  advei  tisement  to  be  published  three 
times  successively,  in  one  or  more  newspapers  or 
gazettes  printed  &  published  within  this  Tenitc- 
jy,  p?-o\ide-J,  tlieie  is  a  gazette  or  newspaper  then 
printed  and  published  within  the  county,  wherein 
the  tiespass  shall  happen;  but  incase  of  no  such 
pubhc  paper    then,  such    advertisement  shall   be- 
pMt  upin,  a  conspicuous  mannerat  the  court  house- 
dooroUhe  county:     and  the    party  distraining, 
shall  make  application,  at  the  expiration  of  two- 
months  after  the  publication  of  the  same  advertise- 


If  party  clif- 
training  ne- 
gltftto  give 
owner 


rnents,  to  tlie    said  justice  of  the  peace,    who  Is 
hereby  authorised  and  requiied  lo  issue  Jiis  war- 
rant lo  two  honest  and  respectable  freeholders,  and 
cause  tliom  upon  their  oaih  or  affirmation,  winch 
lie  is  hereby  empowered  and  required   lo  admini- 
ster to    them,  to  view,  value  and  appraise  l lie 
creature  or  creatures,  so  distrained,  and  (o  ascer- 
tain the  dama^  so  done,  as  afoicsaid.  wiili   rea- 
sonable charges  for  keeping  the  said  crealme,  and 
to  make  return  tlieieo/,  to  him,  as  aforesaid,  up- 
on which'  valuation  and  return,  I  he    pioperty  of 
and  inlhe  said  creatures,  so  valued,  shall  become 
and  be  held  and  taken  to  be,  and  is  hereb)  vest- 
ed in  the  person"  so  making  such  distress  ;  but  so, 
nevertheless,  that  he  shall  be  answerable  and  ac- 
countable to  the  owner  or  owners  aforesaid,  for  tlie 
valuation  money  aforesaid,  at  any  time  afterwards 
•within  the  space  of  one  year,  next  after  the  pub- 
lication or.  such   advertisements,    last  aforesaid, 
having  first  deducted  thereout,  the  costs  of  such 
proceedings,  advertisements  and  charges  of  keep* 
ing  the  said  creature  with  the  damages  so  ascer- 
tained; but  if  the  said  owner  or  owners  shall  not 
appear  and  demand  the  same,    within  the    time 
limited  last  aforesaid,  then,  the  said  person   or 
persons^  so  making  such  distress,    shall,    upon 
demand  made,  pay  all  such   overplus  money  to 
the  overseers  of  the  poor  of  the  township,  where 
he,  she  or  they  shall  reside,  for   the  use  of  the 
poor  thereof,  under    the  penalty  of  double  the 
sumdi$train«d,  in  his,,  her  or   their  hands,  con- 
trary to  the  direction  of  this  law. 

V.  If  any  such  person  or  persons,  so  distrain- 
ing, shall  neglect  to  give  such  notice,  as  herein 
before  directed,  or  shall  neglect  to  set  up  and  pub- 
lish such  adveitisernents,  iu  the  most  public 


[  *w*  1 

place  of  his,  her  or  their  township,  he.  she  or  to  Jure 
they  shall  forfeit  and  lose  all  right,  or  <l(Je,orpie-  tlon  ui 
lenceof  right,  to  a  recovery  of  any  sum  or  sums  CXP*IIC* 
of  money  for  such  trespass,  or  any  recompencs 
for  the  same  ;  but  shall  deliver  up  the  said  rrea-- 
lure,  so  distrained,  totheov\ner  or  ov.uefs  there- 
of, without  any  recompence,  fee  or  reward  what* 
soever;  and  that  one  half  of  all  the  fines  im- 
posed by  virlue  of  this  law,  shall  be  to  the 
useofihe  owner  or  owners  of  such  creature,  and  ...  c 

i     ir    i  r  i  i      \      **'•   fines  to  gm 

the  other  half  (hereof,  to    the   overseers   of    the  ro  tj,e  owner? 
poor  of  the  said    township,  for   the   use  of  I  lie  of  certain  ani-* 
poor  thereof,   to  be  recovered  by  them,  or  either  •**  ' 
of  them,  in  a  summary  way,  as  debts,  not  exceed- 
ing  twelve  dollars,  are,  by  law  directed  to  be  re* 


VI.  Ifany  person  or  persons  shall,  knowing  Iai,,i0«  ani- 
ly  and  wittingly,    keep  and  retain     any  horse,  "»al»  without 
mare,  colt,  cattle,  sheep,  lamb  or  hog,  within  his,  uotlcc« 
her  or  their  enclosings,  for    the    spare    of  forty 
eight  hours,  without  giving  the  notice,  and  pub- 
lishing the  advertiments  aforesaid;    every  such 
person  or  persons  shall  forfeit  and  pay    the  sura 
of  twelve  dollars,  for  every  such   offence,  to    ba 
recovered  and  applied  in  manner  aforesaid, 


THE  foregoing  is  hereby  declared  lo  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
twenty  sixth  day  of  June,  next  ensuing:  /A  TE3\ 
T/MONY  whereof,-  we  Arthur  Si.'  C  lair, 
John  Cleves  Symtnes  and  George  Turner,  have 
.caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  nsmesn 

AR.  Si.  CLAIR, 
JOHN  C.  SYMMES, 
CLTU&NHL 


C  '62  1 

TERRITORY  OF  THE  UNITEDSTATES? 
NORTH  WEST    OF  THE  OHIO  J 

A  LA W  directing  how  Husband 
and    Wife   may   convey "*thjeir 
Estates,      Adopted  from    -the 
Pennsylvania  n  code,  and  pub- 
Its  heel     at    Cinnc.inn.ati*    I  lie 
twenty    sixth    day    of  June, 
one  Thousand*  seven  hundred 
and  ninety-Jive  ;    by   Arthur 
.A*.  ST.  CLAIR,          gi.      Clair,     epvernoiirt    and 
ToHw  C.  SYMMKS.      it  /*»i          '    c  *      :    1 

C.  TuRMtR.  •'°"n     Cleves    Synimes,    and 

.  George  Turner,  fudges?  In  anm 

ovet  the  said  Tcrrrtoryf 

Sec,  I  \TWHERE  any  husband  and   wife  shall 
'  hereafter  incKEc  to   dispose   of  and 

n  convey  fhe  estate  ofthe  wife,  or  her  riglit  of  ia 
conveying ef-  or  to  any  lands,  tenements  or  hereditaments 
\vhatsoever*  it  shall  and  ina\r  be  laxvt^t  to  and 
forthe.said  husband  and  wife  the  wife  being  Tiot 
less  than  twenty  one  jears  oP  age,  to  "make  sea.f, 
deKver  and'execule,  any  grant,  bargain  and  sale, 
lease,  release,  feoffinent,  deed,  conveyance  or 
assurance  in  the  law,  whatsoever,  for  the  lauds, 
tenements  and  hereditaments  intended  to  bet.  by 
them,  passed  and  conveyed  ;  and  after  such  e'xe« 
cution,  to  appear  before  one  of  ihjeJtKlges  of  the 
before  a  terri*  General  court,  or  before  any  j'usfKe  ofthe 
tonal  judge  or  court  of  common  pleas,  of  and  for  the  county 
' vvhere  such  land*,  tenements  or  heiediiamenls 
shall  lie,  and  to  acknovA ledge  the  said  deed  or 
conveyance:  which  judge  of  the  General  (.ourq 
or  justice  of  the  court  ot  common  pleas,  shasl, 
and  he  is  hereby  authoiised  and  required  to  lake 
such  acknowledgment,  lii  doing  wheieof  Jbe 


shall  examine  tlie  v/lfe  separate 'and  apnrt  from  -,  , . 
Jier  husband,  and  shall  read,  or  otherwise  make 
known,  the  full  contents  ot  such  deed  or  con- 
veyance to  the  said  wife  :  and  if,  upon  such  se- 
parate examination,  she  shall  declare,  that  she 
did  voluntarily,  and  of  her  own  Iree  will  and 
accord,  seal,  and  as  her  act  and  deed,  deliver  the 
said  deed,  or  conveyance,  without  any  coercion 
or  compulsion  of  her  said  husband,  every  such 
deed  or  conveyance  shall  be,  and  the  same  is 
liereby  declared  to  be  good  and  valid  in  law,  lo 
all  intents  and  purposes,  as  if  the  said  wife  had 
been  sole,  and  not  covert  at  the  time  of  such 
sealing  and  delivery  :  any  law,  usage  or  custom 
to  the  contrary,  in  any  wise,  notwithstanding, 

II.  Provided,  The  judge  or  justice  lakingsueh  AcknowJedg- 
acknowledgment  shall,  under  his  hand  and  seal,  nienr,,how  to  • 
certify  the   same  upon   the  back  of  the  deed  or  be  certified, 
conveyance. 

Ill:-  All  deeds  and  conveyances  made  and   ex- 
ecuted by  husband  and  wire,  not  residing  with-  ^,hat  ackno'r- 

i  •     T-       .  ii  ,  .   |  .  i  Icdgmcnt      re- 

in this  i  erntory,  and  brought  hither   to  be  re-  qj,fite, to  deeds 

corded  i^    the  county  where  the  lands  lie  (the  executed  with- 
acknowledgments  thereof  being  taken  and  made  oat  the  rcrriv.; 
in  the  manner  herein  before  directed,  before  any  tory* 
jnayoror  chief  magistrate  or  officer  of  the  cities, 
towns  or  places  where  s^chdeeds  or  conveyanc- 
es are  or  shall  be  made  or  executed,  and  cerrifi-' 
ed  underthe  common  or  public  seal  of  such  cities 
towns  or  places)  shall  be  as    valid  and  effectual, 
in  law,  as  if  the  same  had  been  made  and  acknow- 
ledged, in  manner  aforesaid,  before  any  judge  of 
the  General  court  of  this  Territory  ;  orbeforeany 
justice  ol  the  court  ot  common  pleas,  for  the 


county  where  the  lands  lie;  anything  herein 
contained,  to  ike  contrary,  notwithstanding. 

THE  foregoing  is  hereby  declared  tabe  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
fifteenth  day  or  August,  next  ensuing  :  IN  '/'*,£. 
TIMONY  whereof,  we  Arthur  t^  CJafr, 
John  Cleve3-  Symmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
alibied,  and  signed  the  same  with  our  names. 

AK.  Sr.  CL/V.K, 
JOJiN  C..,YMMES> 
ti.       "IURNLE.    ' 


TERRITORY  OF  THE  UNIT&D  STATES  7 
NORTH-  W£ST  OF  THE  OlIIO.  3 

A  LAW  for  the  speedy  assign- 
ment   of    Dower,    Adopied, 
from       iho     MjJsachuseMQ 
code,  and  published  at  Cin» 
cinnati,     the      four  tee  nh 
dayoj  Jnly     one  thousand, 
seven  hundred   and  ni/iety- 
five;    by  Arthur.-  St.1  Clair, 
overnouf,  and  John  CJeves 
^ymmes   and   George  Tnr- 
nerj   judges,   in  and   over 
the  said.  Territory. 

SecL  1.   ^l^HEN  the  heir,  or  o»l-er  person  hav- 
Yy   ing    the.  -next  irmnediale  e.Mate    of 
^^0^  or  inheritance,   shall  iioi,    wiihin^  oi>e 

month,  other-  .  . 

wife  the  widow  month  next  after  demand  made,  assign'  an-a  set 

nw^  JUc  for  it.  out  to  the  widow  of  the  deceased  her  dower,  or 

just  third  part  of  and  in  all  lands,  tenements  and 

hereditaments  whereof,  by  law,  she  is  or  may  be 


AA.  ST.  Cma, 
G  HTuRNSEYRMMES> 


Terrtofetoot 
doner   in   ene 


frf*  ] 

dowable,  to  her  satisfaction  according  to 
true  intendment  of  law  ,  then  such  widow  may' 
sue  for  and  recover,,  the  same,  by  writ  of  dower, 
to  be  brought  against  the  tenant  in  possession, 
or  such  persons  as  have  or  claim  right  or  inheri- 
tance in  the  same  estate,  in  manner  and  forci  as 
the  law  prescribes. 

II,   Upon  rendering  judgment  for  any  woman  orTjuagmentl 
to  recover  her  dower  in  any  lands,  tenements  or  had/a*  writ  of 
hereditaments,  reasonable  damages  shall  also  be -feizia i<biflae» 
awarded  to  her,    from  the  time    of  the  demand 
and   lefusal  to  assign*  to   her  reasonable    dow- 
er.   jAnd  a  writ  of  seizin  shall  be  Directed  to  rlio 
sher  ff  o/  the  county,  or  coroner;  and  thesherift 
or  coroner,  to  whom  such  writ  is  directed,  shall 
cause  her    dower  in  such  estate  to   be  set   forth 
unto  her,  by  ih?ee  disinterested    freeholders  of 
the  same  county,  under  oath,  or  affirmation,  to 
be  v'.rlmi  PIS  tared  by  any  justice  of  the  peace,    to 
set  forth  the  .-.^ine  equally  and  impartially,    with- 
out favorer  or  affection,  as  conveniently  as  may  be. 

ill.     Where  estates,     of   which  a  "woman  is 
dowable,   are    entire,  and  where    no    division  \Vheri  «ftate  is 
can     be  ma-Ie   by    metes     or    bounds,     dower  entire,  ho\r  tho 
thereof  shall  be  assigned   in  a' special  manner,  w*'^ow /hall 
4s  of  a   third  part  of  the  rents,  issues  and  profit!,  t; 
to  he  computed  and   ascertained  in  manner  as 
aforesaid-      And  no  woman  that  shall  be  endow* 
ed  of  any  lands  tenements  or  hereditaments,    as 
aforesaid,   shall,    wantonly    or  disorderly,  com- 
mitor  suffer  any  waste   thereon,   on  penalty  of 
forfeiting  that  part  of  the  estate  upon  which  such 
waste  shall  be  made,   to  him  or  them   that  have 
the  immediate  estate  of  freeholder  inheritance  Widow  not  t0 
in  remainder  or   reversion,   (and  in  case  of    ne-  commit 
gligent    and  inadvertant  waste,     by    her    done 
or  fuflcrcd,    the  damages  that   may    be  assessed 


tor  such  waste,)  1o  be  recovered  by  an 
action  of  waste.  And  all  tenants  in  dower  slu'l 
malntain  lhe  hoilses  an(l  tenements,  with  the 
iences,  and  appurtenances  whereof  th*y  may  be 
endowed,  in  as  good  repair  as  the  same  mjy 
have  been  delivered  to  them,  during  the  term  ; 
and  the  same  shall  so  leave  at  the  expiration 
thereof* 


THE  foregoing  is  hereby  declared  fo  be  a  law 
of  the  Territory  ;  to  take  died  on  and  from  lhe 
twenty  sixth  day  of  June,  nexteusuiiig:/*V  TLS- 
'JJMOMr-  thereof,  we  Arthur  Sf.  Clair, 


John  Cities  Sywtncs  and  George  Turner^  have 
caused  the  seal  of  lhe  Territory  lo  be  thereunto 
afiixed,  and  signed  the  saiiie  v\ith  ouir 

Art.  Si.  c 

JOHN  C 
G .  — 


NOKTI1 


I'lii  UNi  I 
OFTHLOKIO 


in 


A  LAVV  giving  remedies 
Ecruijy,  in  ceitain  case«, 
jidoptcd  Jrom  the  Massn- 
chusetts  ro^/e,  and  published 
at  Cincinnati,  the  Jour* 
tecnlh  day  ef  July,  one 
thousand  +  seven  hundred. 
and'  ninety-five  ;  by  Arthur 
/St.  Clair,  go^ern^ur,  and 
John  Cleves  Symmes,  and 
George  Turner,  judges,  in  ami 
over  the  said  '1  crrtiary*  - 

Sect.  !,   IN  all  cases  brought  before  the  <7e- 
neia)  01    cirruit  courts,  or  befoie 


An.  ST.  CLAIA, 
JOHN  c.  si 

G- 


any  court  of  cuoxuioa  pleas,  to  recover  ^e  ior. 


feltnre  annexed  to  any  articles  of  agreement,^ co-| 
\enaiit  or  <  ha'rter  party,  bond*  obligation  or  o- 
tlter  specialty  ;  or  for  forfeiture  of  real  estate  up- 
on condition,  by  deed  of  mortgage,  or  bargain  and 
sale  with  defeasance  (when  the  forfeiture  breach, 
ornnn  pei  forma  nee,  shall  be  found  by  a jury,  by  »o  record 
ihe  default  or  the  confession  of  the.  defendant,  or  carding  t«eq-d 
upon-dcniiitrer)  the  couit  before  whom  the  acti* 
on  is,  shall  make  up  in  Iginent  therein,  for  the 
phinti'f  toiecover  so  much  as  is  due  in  equity 
and  good  coiisciencQ  ;  and  shall  award  execution 
for  the  same,  by  writof  capiasad  satisfaccenduin, 
ficii  facias,  or  slher  judicial  writ,  as  the  case 


THE  foregoing  is  herebv  declared  to  be  a  law 
of  rhe  Territory  ;  to  take  effect  on  and  fiom  the 
Jirst  day  ot  October,  next  ensuing  :  IN  TES+ 
T I  MO  NY  whereof,  we  Arthur  St*  Clair* 
John  Clevcs  Srmmcs  and  George  Turner ,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  aud  signed  die  same  with  our  names. 

AR    ST,    CLilU 
JOHN   C.  SYMMES. 

a, 


Two  juffleee 
may  enquire* 
by  j||ry,  and 
order  Yeftitu, 
tion   of  lands 
or  trnrmf tits 
vn 


Juflices,  en 
-written  com. 
plaict  oTricui 
er   oflands, 
how  to  proceed 


ST.  CI/JK, 


C  168   ] 

OK  THS  UNITED  STATES 
\V£ST   OB1  rH£  OHIO 

A  LAW  against  Forcible  En- 
Uy  and  Detainer.  Adopted 
/tfWiUhe  Massachusetts  code, 
\an~d  published  at  Cincinnati, 
the  fourteenth  day  of  July, 
-one  tfiousand,  seven  h undred 
and  ninety-five;  by  Arthur  St. 
Ctoirj  (governour?  (and  John 

/""l^.r^-        "SO  .        ^        ' 

Cieorgd 


urners, 
/fta  said.  Territory} 


Sec,  1.  '|-WO  justices  of  fihei  peace  •  shall 
haveauthorily  topnquiie.  by  j.-ry, 
as  K  herein  after  directed,  as  well  agaimt  .hose 
who  make  unlawful  and  forcihle  entry  into  ]ands 
or  tenements,  and,  'with  a  .trorS  hand,  <k>r3in 
the  same,  as  against  -ihoje  «vbo,  Having  a  hwiiil 


and  Peaceable  .  entry  into  lands  or  tenement^  ,.n. 
lawfully  and  by  force  hold  the  same  :  and  LTit  be 


/  ~7  -wj  tivau  luc  *if«ie  ;  ana  u  it  ce 
nponsuch  enquiry,  that  an  unlawful  and 
e.  entry  hath  been  nmfe  ;  and  that  the 
same  landsor  tenements  are  held  and  detained 
.with  force  and  strong  handler  that  the  same  af- 
•tcr  a  lawful  entry,  are  held  unlawfully,  andVith 
force  and  strong  hand,  then  that  r«£b  'justices 
shall  cause  the  party  complaining  to  have  restitu- 
tion thereof. 

.  II.  When  complain t  shall  be  formally  made, 
in  writing  lo  any  two  justices  of  the  peace,  o/a- 
ny  unlawful  and  forcible  entry  into  any  lands  or 
tenements,  and  detainer,  3S  aforesaid;  or  if  any 
unlawful  and  forcible  detainer  of  the  same,  after 
a  peaceable  entry,  they  shall  mate  out  their  war- 


rant,  under  their  hands  and  seals,  directed  t° 
the  sheriff  or  (as  the  case  may  be)  the  coroner  of 
the  same  county,  commanding  him  to  cause  to 
come  before  them  twelve  good  and  lawful  men 
of  the  same  county,  each  one  of  whom  having 
freeliokl  lands  ortenements ;  and  they  shall  be 
impanelled  to  enquire  into  the  entry  ©p  forcible 
detainer  complained  of :  which  warrant  shall  be 
iu  the  form  following.  Mutatis  mutandis,  viz, 

H.  sc, 

j4.  B.  and  C.  D.  Esquires,  two  of  the 
(L,  S.)   iustices  assigned  to  keep  the  peace  wiihin  Form  of  the 

and  for  ike  said  county;  lo  the  of  warr*&t*» 

(L.  $.)      H*  Greeting* 

Whereas  complaint  is  made  lo  us  by  E.  F.  of 
in  the  county  afore* 

said  that  G.    H.  of  yeoman,  upon  the 

dar  of  at  aforesaid^  with 

fo'r.e  and  ar:nst  and  with  a  strong  hand^  did  un~ 
ld:v-cnlly  ond  forcibly  enter  into  and  upon  a  tract 
of  land,  of  him  the  said  E.  F.  in 
aforesaid  containing  acres  ^  bounded  as 

followS)Viz  (or  into  the  messuage  and  tenement 
ol  him  the  said  E*  F.  as  the  case  may  be)  and 
him  the  said  E.  F.  with  force  and  a  strong 
hand,  as  aforesaid*  did  expel  and  ttnlawjully  put 
out*  oj  the  possession  oj  the  same  ^  For,  it  it  is  a  for- 
cible detainer,  only,  then  the  entry  shall  be  de- 
scribed, and  the  detainer  inserted,  as  follows)  and 
him  the  said  E.  F.  does  unlawfully^  unjustly, 
an  I  with  a  strong  hand  deforce  and  still  keep  out 
of  the  possession,  of  the  same :  you  are  therefore, 
command,!*,  on  behalf  of  the  United  S  fates*  lo 
cause  to  coins  before  us,  upon  the  -  doy  of 

a  t  in  the  sa id  conn ly ,  twelve 

good  and  lawful  men  of  your  count) ,  each  one  of 


wliom  Icing  a  freeholder ,  /o  Iclmpanflled,  and 
^rorn  lo  ^inquire  i.iict  the  fatciblc  entry*  and  de- 
*a  In  cr  (  o  r .  I  h  e  d  e  t  a  i  n  e  r  only)  b  efo  re  d  esc  rib  ed. 
Gircn  under  our  hands  and  scats  the  day 

of  in  the  year 

4.  B.    )  Justices  of  the 

C.  D,    S  pence. 

TIL  And  the  said  jus  rices  shall  make  out  their 
summons  to  the  party  complained  against,  in  the 
form  following,  viz. 

H  sc. 

Form  of  Cam-       (L.  S.)  A.  B.   and  C.  D.   two  of   the  justices 
mnn*  to  the  P*r     /[^  S.)  assigned  to  keep  the  peace  within  and 

«y  wapUiociU  for  ^^  ^^  ^f  g  ^  of 

Greeting  :  summon  G.  H,  of 
io  appear  before  us  at  in  in  the 

srad  county  at  o'clock  in  the  noon,, 

iheirand  there  to  answer  to  and  defend  against 
the  complaint  of  E.  F.  to  us  exhibited;  where- 
in he  complains  that  [here  the  complaint  shall 
be  recited]  and  you  are  to  make  to  us  a  re- 
turn of  this  summons  with  your  proceedings 
therein  on  or  before  the  said  day 

Witness  our  hands  and  seals  the  day  of 

in  the  year  of 

A         T>  ) 

At  £    i  Justices. 

C   D    \ 

Semtnoas,    how        ___,  ,         ,         '    ^ 

to  be  fcrv«d.  W'fejch  summons  shall  be  served  upon  the  par- 

ty complained  against  or  a  copy  thereof  left  at 
his  usual  place  of  abode,  seven  days  exclusively 
•before  the  day  appointed  by  -the.fuitices  for  the 
trial.  And  if  after  the  service  of  such  sommons 
the  party  do  not  appear  to  "defend,  the  justice* 
shall  proceed  to  the  enquiry,  in  the  same  man- 
as  If  he  were  present.  And  when  lh,t  Jury; 


.  '71  7 

shall  appear,  llie  justices  sliall  lay  before  the  jury 
the  exhibited  complaint  and  shall  ad  minister  the 
following  oath  to  them,  viz  : 

foreman's  Oath.  Oathi    of 

You  as  foreman  of  this  jury  do  solemnly  swear  jurorit 
(or  affirm)  that  you  will  well  and  truly  try   whe- 
ther the  complaint  of  E.  F.  now  laid    before  you 
is  true  according  to  your  evidence,  so  help  you 
God  (if  swearing)  or,  j  ou  will  [when  affirming] 

The  oilier  jurors'  Oath,  vr/, 
The  same  oath  which  your  foreman  hath  taken 
on  his  part  you  and  every  of  you  shall  well  and 
truly  observe  and  keep  :  so  help  you  God  ;  or 
,,  you  will"  And  if  the  jury  shall  find  the  same 
true,  then  they  shall~return  their veidict  in  'form 
following, 

n't   a    court  of   enquiry  hell     before  A-  B.  form  of 
and  C-  D     Esquires,    two  .of   the    justices    as-  v<jrdi&. 
signed  to  keep  the  peace j  within  and  for  the^cou n- 
ty  of  H  at  in  the  said 

county  ofH  upon  lire 

<lay  of  in   the  year  the 

jury  upon  theiroalhs  do  hnd  that  the  lands  or 
tenements  in  afolesaid  bounded  (o'r 

described)  as  follows  at  in  the  «eom* 

plaint  upon  the  day  of  "Hn 

the  year  were  in  the  lawful  and  rightful 

possession  of  the  $aid  E.  F.  and  that  said  G.  H. 
did  upon  I  he  same  day  unlawfully  with  force  and 
arms,  and  with  a  strong  hand,  enter  forcibly 
upon  the  same  (or  'being  lawfully :  upon  the 
stmc,  did  (unlawfully  with  force  and  strong|hand) 
expel  and  drive  out  the  said  E.  F.  and  that  he 
doth  still  continue  wrongfully  to  detain  the  pos- 
session from  him  the  said  E.  F,  iy'ie;efoie  the 
jery  find  upon  their  oaths  oraffirmaiiouafwuesaid 

z 


r  172  3 

'that  the    said  E.  F.  ought   to   have  restitution 

thereof  withmrt  delay.'" 

mere  pweH*  ^  bX  accident. or  challenge  thereslialL  happen 
•mcompJete,  not  to  bs  a.  full  jury,  die  sheriff  shall  fill  the  pa- 
&£j$£i  ^^al^ri«ca.BMtouirtbi^  as-iu  other  cases 

And  tKnie  jury-,  sitora  full  If  earing  of  the-rause, 

shall  iiodjiie.  GOBI  plaint  laid  before  theiusttpport- 
.       ed,by  eyid&nce.  they  shall  all  &}gn  their  Vdr<lict  in 
ti>^o  t  form. alores^ld;  otherwise  the  defendajit  shall  to 

ejblr»ifp,  &»  allowed-  his  legal  cos  Island,,  have,  liis  execution 

thereof. 

II  the  juryshair return  their  verdict,-  signed  by 
the  \xho'e  panel,  that  th  e  com  plaint  -is  su 

itl*x>Ti«  «•»!••  AA.  ».  ^  .  *         1  .       r 


the  Justices  shall  eater  up  judgment  far  the  com- 
plainant to  have  restitution  of  the  premises  ,  and 
filiall  award  their  writ  of  restitution  accordingly  ; 
and  no-appeal'shall  be  allowed:,  fiom  the  iudg- 
mentof  the-jus'ticd;*- 

IV.  P.ravidedneverthetcssi  That  the  proceed- 
ings may  be  remo.vedby,  certiorari,  into,  the  Ge- 
iiieral1  court*  or  circuit  courts  holdeir*  in  such< 
icounty  and  be -there  quashed  for-irregularity  if 
any  such  tt^re  may  be  :  nor  shall  sueh  judgment 
be  a  bar  to  any  a*ter  action  brought  by  .either  party, 
^  wluchyvTitofres4itution,shallbeiuloj;jnfolJowin5. 


A'k  B.  and  CD*   hro  of  the  justices 
reiUto*  signed  to  keep    the-  peace  ia  and. for 

«UNI..  ^.  S.),       ^  wid  county, .  to-the -  of 

K\  Greeting ; 

(L,S  .)'    Whereas  at  a  -court"  of  enquiry  of -fore-* 
iblfc  entry*  an.d  detainecheld  before  us  at 
iaihe  jsaid  caun  ty  ofr.  ,  up.pn  .the         ^ijr 

of  in-theyearr  the 

jurors  impaneled  and  sworn   according  ^lo  law 
did. return .  their.  veidictinL  writin^sig^edT^y  each 


C  175  ] 

of  themthatE.  F,  was  upon  the  day  or 

in  the  righful  possession 

of  a  certain  messuage  or  tract  of  Jand  (as  in-  ihe 
verdict  returned)  and  that  &c    (as  in  the  verdict) 
whereupbn  it  was  considered  by  us  that  the  said 
E,  F.  should  have  restitution  of  the  same-     We 
therefore  requireyou  that  taking  withyou  the  force 
of  the  county,  if  necessar),  you  cause  thesaidG. 
H.  to  be  forth  with  remov.ed  from  the  premises  and 
rhesaid  E.  F.  to  have  the  peaceable   restitution 
of  ihe  same  :    and  also  thai  you  levy  of  the  goods, 
chattels,  or  lauds  of  the  said  G.  H.   the    sum   of 
being  costs  taxed  against  him  ou 
tne  trial  aforesaid  together  with 
more  for  this  writ,  and  your  own  fees:    and  for 
want  of  such  goods,  chattels  or  lands  of  the  said 
G.  H.  by    you   fount]  you-  are  commanded,    to 
take  the  body  of  the  said  G.  H.    and    him    com- 
mit tp  the  common  jail  of  the  said  count/  there 
lo  remain  until  he  shall  pay    the   sum  aforesaid, 
together  with  all  fees  .  arbingon'  the  service  of 
tliis  writ;  or    until  he  be  deliverec!"  by  due  course 
of  law.     And  make  return  of  this  writ.witb  your 
proceedings  thereon  within  twenty  days  next  COW 
ing.    Witness  our  hands  and  seals  at 
aforesaid,  the 

of  -  in  the  vear 

A.   B. 

C.  D. 


Provided,  nevertheless.      That   this  law   shall 
not  extend  unto  any  person  who  hath  had  the  oc.        o\w  t"ot 
xupationor  beeninlhe  quiet  possession  of  any  ' 

lands  or  'tenements  by  the  space  of  three  whole 
years^  together,  next  before;  and  whose  cslale 
therein  is  not  ended  or  determined. 


C  174] 

THE  foregoing  is  hereby  declared  to  be  a  Invr- 
of  the  Territory  ;  to  take  effect  on.  a.nd  fiorn  the- 
first  day  of  September,  next' ensuirg  :  //V  TES- 
TIMONY whereof,,  we  drllius  Sf-..  Clair* 
John  Cleves  Sy mines  and  George  Turner  ,  Ka vo- 
calised the  seal  of  the  Territory  lo  be  thereunto 
affixed,  aud  signed  the.  same  with  our  naines. 

Ali  ST4/CLAm 

JOHN  c,  sr\i  jii?. 


An.  ST.  CLAIR/  . 
Jo  HN-C.  SYMLMXS, 
G..    TURNER. 


OIT  THE  UNITED  STATES-7 
CF  THE   OHIO.  j 

LAW  annulling'tlic  d is tino 
-tiori    between    Pelit  Treason 
and       M'II  r  d  en       Adopted . 
from      the      'M&ssachusettA 
code,  arid  published  at  Gin-- 
cinnatii      the      fourteen  h 
day  of  July     one  thousand + 
seven  himdfed:  and*hinety~ 
five',    by  Arthur'  St.  Glair* 
governouj)  a/z^/Jahn  Cleves 
Symmes   and   George  Tur- 
ner,   judges,    in  and   over 
ihe  said 


Peik'treafon 
to  be  punifli'.d     SOLI 
as  murder. 


T;N  all  cases  wherein,  hereto/ore,  any  person- 
would  have  been  deemed  and  taken  to  have 
committed  the  crime  of  petit  treason,  such  per- 
son- shall  be  deemed  ana  taken  to  have  commit- 
ted the  criore.  of  murder,  only,  and  be  indicted 
aad ^prosecuted. ta  fiBaLmdgment  accordingly: 


C  177  ] 

and   the    same  punishment,  only,    shall  be 
fiicted,  as   in  the  case  of  murder, 


77/ZT  foregoing  is  hereby  declared  to  be  a  bw 
ot  the  Territory  ;  to  take  effect  on  and  froaiihe 
jfenrteenih-day.  of  july>  next  ensuing  :/«V  7"£*: 
T1MOMX:  whereof,  v;e  Arthur  &•.  C/tf/iy. 
John  ClevesSvmrrecs  arrd  George  Turner-,  have 
caused  the  seal'  of  4he  Territory  to  be  thereufllo 
affixed,  .and  signed  the.  saac  with  aur  iKi*Hes 

AH.  ST.  CLAiK, 
JOHN  C. 


TEimrORYOF  THE  UNITED  S  TATEST' 
NORTHWEST    Ob1  THE  OHIO.  5 

A   LAW    declaring-    what 
shall  be  in    force. 
from      the    Virginia 
and  published  at  Cincinnati, 
the  fourteenth  day-  of   July, 
one  thousand,  seven  hundred 
and  ninety -five  ;  by  Arthur  St, 
A*.  ST.  CLAT*,      Clair,    governour,     and    Joh'n 
SYM*E&*    Cleves    Symmes    and  George 
.     Turner,  judges,    in  and^cver 
the  said  Territory. 


HE    cominoti  law  of  England,  all  statutes 
or  aets  of  the  British  parliament  made  in    aid 
of  the  common  law,  prior  to  th«  fourth  year  of  The  common 
the  reign  of  fving.  James  th«  firsfc  (and  wliich  are  law,   BritiUf 
ofa  general  nature,  not  local   to   that   kingdom)  *ct*»  Pr»or  to  \ 
and  also  the  several  laws  in  force  in  this  Territo-  4lh  Jam-r*  *C 
ry,  shall  be  the  rule  of  decision,  aad  shall  be 


[174] 

considered,  as  of  full  force,  uulil  repealed  by  le- 
legisklive  authority,  or  disapproved  of  by  con- 
gress. 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing  :  IN  rfES- 
TfMOXr  whereof,  we  Arthur  St.  Clair, 
John  C  *  eves  S)' mines  and  George  Turner*  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
al£xed,  and  signed  the  same  with  oi.r  names. 

AH.  ST.  t  L/UH. 

JOHN  C.  'YMMES, 


-AR.  ST.  CLAJR, 
JOHN  C.  SYMMBS 
C.  TURNER. 


OF  TPF  UNITFP  STATES  7 
OF  THE  OHIO.  $ 

A  LAW  to  prevent  rrespas- 
sing  by  cutting  of  limber. 
Adopted  from  the  Pcnnsyl- 
vanian  co<!e,  and  published 
at  Cincinnati,  the  J°1ir' 
teenth  day  of  July,  one 
thousand,  seven  hundred 
and  ninety-five  ;  by  Arthur 
St.  Ciair,  govcrn&ur,  and 
John  Cleves  Symmes,  and 
George  Tamer,  judges,  in  a/id 
over  llie  said  Territory* 


IT  any  person  shall  be  convicted,  before  a  justice 
Pcnahhs  on        L   Of  the  peace  of  the  proper  county,  of  cuttiag 
down     or  felling  any  black-walnut,   white  wood,  wild- 
cherry,  or  blue-ash  trees,  upon  another  person  s 


eg  t'ii 
trees. 


CI773 

land,  withoutdne  leave;  he  shall  forfeit  to  tbe 
owner  thereof  eight  dollars  for  every  such  line, 
so  felled  or  out ;  and  for  every  other,  tree  so 
Jelled  or  out,  tluee  dollars. 

Piovidcd-altray*,  That  no  plea  oPtitle  "be  set 
up  by  the  defendant.  But  if  the  defendant 
plead  title  to  the  land  where  stich  trees  are  cti^ 
the  justice  of  the  peace  shall  proceed  no  farther 
tftsrein/m  ca<  e  the  defendant  mil  e^ter  into  bond 
to  the  plaintiff,  iusudisum  as  tlie  justice  sh^Il 
think  reasonable,  to  prosecute  In's  claim  of  title, 
with  effect,  in  one  of  the  courts  of  record  ;  ai^cl 
that  within  one  year  then  next  ensuing,. 


THE  foregoing  is  hereby  declared  to  be  a  lavr 
of  the  Territory  ;  to  take  effect  on  and  from  the 
fifteenth  day  of    August,  next  ensuing :  IN  TES- 
TIMONY '   whereof,    we  Arthur     St.  Clair, 
Jo  fin  Cleves  Symmes  and  George  Turner^  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
aflixed,    and  signed  the   same  with  our  names, 

^AR.  ST.  CLAIR, 
JOHN  C.  SYMMES, 
G*  TURNER* 


AR.  ST.  CT.ATK, 
JOHN  C.  SYMMES, 


CT78  ] 

CV    T  IE  UNITED    STATES? 
OF    THE    OHIO.  5 

An  ACT  repealing  certain  laws 
and   acLs,   and  pait  of  laws 
and  arts.      Made   and  pub~ 
lished  conformably    to  the 
erf  of  the  United  Steles,  c/i- 
lilule.d)  **  Sin  acf  res  peeling 
I  he  gouentir.cnf  o/  U.e  Ter- 
ritories     North  W'cst     on  d 
South    of  tile     CA/V-  at 
Cincinnati,,  the  Jtintetnlh 
day  of  July,1  one  thousand, 
seven   hi?ndred  and  ninety 
five;   Z?/Aithur  St.   Clair, 
govcrnour^      John      Cleves 
Sy.mme?,  and  George  Tur- 
ner, judges)    in-  and    ever 
the  said  Territory* 


Laws  repealed 
(viz-) 


.. 

TTE  it  enacted,  That  the  law,  and  acts  and  parts 
•*"*  of  laws  and  acts,  hereinafter     articularl     e* 


are 


a  part. 


numerated  and  expressed,  be,  and  the  same 
hereby  repealed  ;  to  wit  : 

So  much  o!  the  %t  law  for  regulating  and  csfa- 
blisliing  the  militia  in  the  Territory  oftheUnftcdl 
States  North-  West  of  the  river  Ohio  ;"  and  of 
the  "  law  in  addition  to"  the  sante^as  requires  the 
militia  to  assemble  with  arms,  on  Sundays,  at 
jhe  the  places  appointed  for  public-worship: 

So  much  of  tne   law  establishing  a  court  of 
in  part.  probate  ;  as  respects  the  appointments  and  duties 


Probate  law 


?,  As  to  fixing  The  law  for  fixing  (he  terms  of  the  General- 
te'rms  of  gene-  courlof  the  Territory  of  the  United  Stales,  North* 
rai  conn,  vVest  ot  the  river  Ohio;" 


So  much  of  the  ct  law  respecting  crimes  and     , 
punishments/'  a*  is  altered  by  ihe'law,  sincea-  J'ndAsUI 
dppted,  entitutled"  A  law  for  the  trial    and  pti-  <nem*, 
nivhtneht  of  larceny,  under  a.  dollar  and  a  half/' 

The  "  law  appointing  Coroners/1  $.  As  toco  rone* 

The"  law  limiting  the  times  of  conrmencing  6.  LimUation 
civil  actions,  and  instituting  criminal  prosecuti-  iiw« 
ons';"  ihe  same -being  already  repeated  by  Con- 

£ress;  

The"  act  to  prohibit  the  giving  or   Celling  7* 
intoxicating  liquors  \h  Indians,  residing  in,  or  ludiafil. 
coming  into  the  Territory  of  the    United  States 
jNlorth-VVest  of  the  river  Ohio  ;  and  for  prevent- 
ing foreigners  from  trading  with  Indians  there- 
in/" and  the  same  being  partly  supplied  by  an 
actof  the  United  States; 

The  "  act  prohibiting  the'sale  of  spirituous 
and  other  intoxicating  liquors,  io  soldiers  in -the  8  Do.  to  lob- 
serviceof  tl^e  //nited  States,  being  within  ten 
miles  of  any  military  post  within  the  Teiritory 
of  the  United  States  North  West  of  the  ilver  Ohio; 
and  to  prevent  the  selling  or  pawning  ot  arms, 
ammunition,  clothing  and  accoutrements  :" 

The  "  act  for  suppressing  and  prohibiting  e- 
veiy  species  ofgarYiing  for  money,  or  other  pro-  3 
perly  ;  and  also,  -for,   restraining  the   disorderly 
praclice  of  ducharging  fire-'arnis,  at  certain  hours 
•and  places  :" 

The  I4act  toalter  the  terms  of  the  General- '™ 
court  :fi  't*rmat 

The"  act   to  augment  the  lernrs  of  I  ho  county 
courts  ot  common  picas,  from  two  '.ofour  (erms  ?'•  Augment- 
in   the   year;  and    (o  encrease    the  number  o'  -plfj^^"^ 
judges  in  llie  said  court,  and  alsoot  the  iusticcb 
of^tiiet{i!0iuin,>ri  the  several  counties  \" 

A  a 


C  1*0  ] 

So  much  of  the  tc-a€tlo  authorize  an  JYerpjfre 
V  A*  tr>  c^rfe-tlie  courts  o-f  General   quarter-sessions  of    the 

Ji     tO  VV'llfliiP*.  -  1.-        •     t  I  •  •  I     . 

peaoe,  to   dl'/ide-tne-  counties  into**  townships* 
and  to  altej;  the-  bsHiadaries  ok  Hje;san?ev.  when. 
necessary  ;:an-d  also.*  to  appoint  constables,  over- 
seers- oblhe  poor,,  ancL  clerks-  of  the  -townships, 
arid  for  other^  purposes*  therein-    n»e-iitK>ned  ;"   a* 
ihe.same  sia.y  relate  to  llie-appmntiuen*  of  derk  of 
townships,  and  their  dut\  with  respect  toest~£n  s  • 
The  *'  act  creating  i-he-oiliai  oi^ie-r.k  ©i  the 
legislature  ;''v' 

^rAyoclcrks       The-»'-acl  abolishing.  the  di«tir,:llon  between. 
^T^tltiiVit  iBecrirncs  of  -murder..  and  petit  Ir-a^on  /' 
treaf»n.  The  '  '  act  i-e^ilatii/jthe  ewclo-iuros  pJgrQ^nrls;*1 

As  !to  cflolo*-  g0  naurh  of  the.*4  aot  to  alter  aru.1  aiuc.ifi  His 
Is  txo*imli  nrifitia  laws/'^as  requires  persoas  a>sfc«r»lin*  at 
atten<i*in&.  any  place,  for  public  worslrip,  to  arm  tljcmsci  -es; 
Qiip  with,  Tno."  act  for  gra  n  tin  gjicense^  to,  nuei  chants, 

Hie  licenfc  tra(^ers  anc^  'tavern  k&epei'S  ;^ 

,  Ttie.  "  act  creari.igthe  oHic  es  of  treasurer  &e- 

AS  to  irea^-  neral  of-  the  Tficritory,    and.  treasurer    for  tlic. 

forers..  counties;"' 

vo   As  to  coun-      The"  act  directing  the  manner  In  which  mo- 

ty:'  rates,  nC)   shall  be    raised,    and  levied,  to  defray    the 

charges   which    may   arise    wUh'ux   the  several 

counties  in  the  Territory  :  " 
'20;  A«  to  high        So  much-  of  llie  "-act  for  opening  aod  'regular 


"'"' 


.      g^^ya      as  relates 
The.-  actror 


. 

12  A»-ro  cle^c.     Tfre^^ct-to  repeat'  ceriain  parts  of  an  act,- 
of  legiflaww  in.  etifituled  >'  an  act  crealui^  t  lie.  of  lice,  of  clerk   ot 


a*.  Arto-^ihtf?"     The  *'  act. to  regulate  the*  axluiission  of  attor- 

fion 


24  Aito  j-idffe  "art  empowering  ihe  i«f'jfls  of -probate 

int  «  nardiaas  to  luiiior^,  auj  olUers^;" 


of  probate    aud  to  appoint 

miners.  . 


The  '*  act  prescribing  the  forms' of  -writs,  in 
civil   causes,   and  cliiecting    the  mode    of  pro-  25" 
ceeding  therein  i  "  snd,— 

The  "  act    establishing   arid  regulating  *he  a6>  rhc  foe 
fees  of   the    several    officers,  and  other  persons  bic. 
therein  mentioned/' 


THE  foregoing  is  hereby  declared  lo  be  a  law 
of  the  Territory  ;  to  tai.e  effect  on  and  from  the 
fourteenth  day  of  August,  next  ensuing: /A'  TES- 
TIMONY wheredf,  we  Arthur  St*  Clair, 
John  Cleves  Syrnmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names* 

AH.  Si.  CLAIH, 
JOHN  C.  SYMMES, 
<J.   TURNER. 


C    »&2    J 

TERHTTOHYOF  THE  UNITED  STATES"* 

OE  Tuji.  U.IKX 


LAW    respecting     Divorce* 

f  x^  SR.-T  >.  -A  l<yptad\ -ff'QtJi  the-  Mfustaciiii- 

tetts;  cfl</c%;  and'  pnhlishc~l  at 
Cifir.iruL'iti'^.lhv  fifteen-ill  d  -y 
@f  'uly,  one*  thousand^  se*\  i> 
hundred  a  ;i^L  ninety -Jive  *.  by 
Arthur  Si  Ciair,.  ^enionf^ 
.  S*.  CLA-m<  and  jolin-  Clevea-  S\imnes 

C-rf-t         r»_. .        A  ^  r\~\  «  ^ 

/  e  *  r i-;e     1 1  j  r n  e  r,  ///  dgi  s , 

ir^*  A^t?  said  Territory* 


SeoU  L  ryVORCES  Pram  llie  Banns  of  mafn- 
m on y,.  shall  be  decreed,  where  ei 

for  di-  tlier  o^tlie  parties  liad  afonner  wife  or  husband 
alive,  at  the  tiine  o[  soleiunizing  the  second 
marriage  ;  or.  iaijjoteucy  or  adultery  ia  either  of 
Idie  parlies.. 

lit  Divorce  fi*0mb(*Jatid  bbar.d* shall  be  grant* 
ed  for  the  cause.of  extreme  cruelty  iu.  either  of 
Ihe  parties.. 

lil,  Wi»enever  a- divorce-shall  He  decreed' om 
ajlmony,  cause  or-aggrebsion  Fron^  the  husband,  the  wo- 
n.l  how  man,  if  no  is.sue  ot  the  marriagp  be-  living-  at  the 
be.  aliowcJ.  ^ine  of  the  di-vorce;  sliaii  be -restored,  to  all  hor 
laiidri,  t£nem®ii&.and  heHcJitamcnlas  and  be  4!- 
lowed  oaf  of  tlie  maji.  s- personal,  estate-  suchi.  ali- 
mony as  tKo  couttmay  Lhiiikie»>ooa«S-c^  havi«i  r^ 
liC^ard.  to  the-  persoiiiAl  [jrojiftny..   I  hat;- came    t  >» 
lu.'ii-.b.  thq  .marrihgei  -mil,  lu*-. aoiritv,.:-    but  ifr 
e.i.ssaeliyihg'it  the-,  rime* of,'  5!in*  divor(?ejt 
iiit he- court;  inueg-irJ  tootdenug'/estoradon,, 
r-i'^nr;  aliinon/,  mny    d<v>  as-  r ircum-t incej, 
5CLLU1  tj  re  juiic/  auJ  oa  a^UcaUoo. 


eitfcerparty,  may,   from  time  to  Kmev  tail;  ev  at* 
iscretion,.  siutlLalteratii)u&  therein,  as  nuy 


IV-  tttbe  divorce  ari«e  from-  1  fie  rain^e  or  ag-  ae-ft'mtinn      *, 
e^simv  of  llie-  wife,  wiiet  her  i  hare  bo  living  is    ^jFe's  e;t  .t* 

.e.  er>  n©£,  -oi*>l  be  (Carriage,  the*  Point  may    or'  a«K\ii»-.t.i->,.-ioQ 

to  her  thafTesto-aiiou  ofllie.Vviioie^rpa'tt,  0-r 
^opa^tv-of  her-land*y  tmieineui^  aad    ker?tiit>- 
fc  f  :  j.  ts    ail  cf  may  assign  s  u  t;li.  a  li  mon  y  as  si  i  a  I  i  be  • 
thovgli^  proper-,  and  ma-jf    also  make:  such  clfs- 
trlbution  be  twee  ii>lhe  parties  ok  their  chiitlreii:- 
(i?  any)  as  the  court  shall  think  proper*. 

V-  1  beGeiieral  court  an/}  circuit  courts  shall 
liHve  the  sole  cognizance  of  all  divorces  applied 
for  or  made;  and   the  judges  thereof  may  use 
such  land  of  process  to  cany  their  kidgjnenH4ij3> 
eHect^  as  toihetn  sliall  sei:m  expedient*    Where* 
ever  they   may  think  it-proper-,  they   may  com^ 
pel  the  husband  todisriosev.  oaoadi,  what  person 
us!  estate  he  hath  received  in  right  of  his  -wile-t 
how  the  same  liath  been  disposed  of,   and  what 
proportion  of  itNreinained  iiu  lus  hands^  at.,  the 
bme  of  the  divbr<  e.v 

VJ.  N5o  cause  .of  divorce;  or  alimony,  slialL  be 
bi  ought,  beiorc  the  same  courts,  unless  tho-party 
suir.g  or  caufipkiuing  shali^file.his.or.  her  libel  in 
life  proper  cleik  s  ohice,  spe'-ially  set  tijig.,  forth 
ihetcui  the  cause-,  of  his  or  her:>  torn  plaint.  aiiA 
sha'L  raij«;e  ihe-othcr  party  1  1£  In    thtss^  Ter^ito* 
j^    lo/'-e-  »ervedvvith.,au.  a!  tested'  Coi>y  tlfereoK 
aii'i'"»\Lrli  .T^iinmoiis-'  comrnandin'g.hiut!  .or  her 
fe*  a-^pear.  ai.  tiie-cnnrt  whcre^  the:Gatisc*is  to  be 
IfKiiti.fottrfeen?  dkys>  afrleasr:,  bofore  the  sitUugt 
t>.   1/e  ^aid'  ro«»rf    otherwise  in:  such  manner  as 
-:>:irt  sin^ldir-Jct       \»»1  wh.^c  the  party   li.: 


0*4] 

lies*  wsvtal  residence  then  such'  snrr.mons  shall 
be  published  af  least  once  a  week  for  twenty 
weeks  in  some  public  Mews  Paper  wil bin  such 
county  ;  or,  where  no  such  News  Paper  is  print- 
ed, ihe  summons  shalUhen.be  published  :in  orre 
of  the  Territorial  News  Papers,  and  a  copy  there- 
of stuckupat  the  court-house  door  of  the  pro- 
per county.  >But  where  .the  party  complained 
of  shall'  happen  to  be  without  the  Territory, 
then  notice  shall  be  given,  by  publishing  such 
summons  in  one  of  the  said  Territorial  papers; 
at  least  once  a.week,  fo^the  term  of. forty  weeks. 
The  said  courts  shall liave.  all  the  powers  neces  < 
saiy  to  thecoriducting  and  finally  tissuing  such 
causes  according  to  the  true  intent  of  ihislaw. 


7  HE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect. on  and  from  the 
first  day  of  October,  next  ensuing  :  IN  TES- 
TIMONY whereof,  we  Arthur  St.  Glair, 
John  Cleves  Symmes  and  George  Turner ,  hare 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

AR.  ST,    CLAIR 
JOHN   C.  SYMMES. 
C.  TURNER. 


OF  THE  UNITED  STATES  > 

NOR  r-H*v&sT  OF,  THE  01110,       5 

A  LAW  for  the  Parti  lion-  of 
bands,  Adopted  fmm  tlt& 
New  York  code*  and  pub- 
lished at  Cinci/uutt/i  the 

sevsnteenh-dfrp  of'  Juljrone, 
thousand,  seven  hund'cd. 
arid  ninety- five'T-ty  Arthur 
St.  Clairt  govcrnoiiH-  and 
A*-  ST.  Ct AIR*  John  Cleves  Svmrnes  and 

n^r*"       George  Turaer,/W^,   in, 
__  and  over,   lac.  said.   fcffi~ 

**}&•• 

Sect.  1.    A  NY  orreOT  more  of  the  proprietors  n  xrceks  p 
^*    of  any    tract  or  tracts,    parcel    on1'*  noti"  (0 

,-        . ,        *       .  .  < i  i  /-  tL\\  er.''ot  any 

parcels  of  land  which  now  are,  or  hereafter  may  fntepd€<i     parv 
be  undivided,  incline  to  have  partition   theror,  tuiun  of 
may    subscribe  a-wnlina,  and  publ&t.lhe  same^ivi(kd 
in  one  or  more ot  the  public  Now ^papers  printed 
in    the  Territory*  i»<theState  o*  Kcnkucfcf  r  and 
at  the  seat- of  government  of  the  C/nited  States* 
for  twelve-successive  weeks,  directed  in  general 
Jo  all  persons . inter** ted  .in.such  tract  or  parcel 
of  land,    specifying,  the bo^Hds-^ -thereof,,  aad' 
giving  notice  that  three  corn fnisskMier&-m>t  in- 
terested in;such  iractor  par-eel  oUaucl< ^  rraming 
tii ein.auJ  their; places  o f. abode,  are  appoin.ted  io 
ra  ike  sivch  partuioar  atid  that  th=ey  will  ^r»eel  at^ 
a  certamuby*  atul  ^lace  to  be-also  •  therein '  men- 
tioae.i,'  anJ  to  bs  within*  teriidays^aftef^  the  sai^l' 
twelve    weeks«  are  expired,;    to-proceed  to  life 
pariitionof  the  said  laud:,  and  requiring  all  pert* 
suas    interested  tkerein,    to    attend   tlica  and' 


C  i86] 

ill  crc  Tor  Hi  a  I  purpose,  eilhcrby   themselves   or 
{L:cir aitornics  --andifsUo  objection  to  any  of  the 

.*  .     .  cr         I  •  • 

<<»r  i  he   naiti-    wittC6jiwi$*fpfl<Sffc  W  offereci  in  writing  lo   any 
iioaf  oi'e  of  the  J!  dgfs    of    the    General-court,     rr 

justices  of  the  interior  court  or  common  picas  of 
the    county    in     which  the  greatest  part  of  lire 
lands   lie,    and  a  notice   of  snch  objection    rn 
writing  ser\  etl  upcn  the  subscut-er  or  sub^ciib- 
•  ers  to  tiie  notice  so  directed  lo  be  published,  or 
any  one  of  ibeni,  and  within   nine  weeks  affcT 
the  first  publication  thereof,  then  the    commis- 
sioners so  lobe  named  shall  peitonnlhe  duties 
When  any  com.  required  of  them    by    this    act.    :Bot    if    snch 
nufiiooer  is  ol>-  objection   and  ^notice   be  ma'de  and    given,  the 
jeded  to,  ano^  j<lR]pe  to  whom  it  was o/fcrcd  sliall    appoint  the 

ther'niav  be  n.  *          '    j     i  -.1  -  it, 

aj»pwoted—  ato  pailiesnday  and  place  wirliin  ten  dajs  after  rune 
weeks  from  the  lirst  piiblication    or*  tlic  notice 
•are  expired,  and  then  and  th-ere  hear  and  de'er- 
mine   such -objections,    and   appoint   other  fit 
and  uninterested  persons   in  the  room  of  .'hose 
he  may    think  proper  to   remove  as  unlit,  and 
such  persons  so  appointed  shall  ihencefonh   l>e 
the  couirnissioners    for    executing    the   powers 
given  to  cornmissroners  by  virtue  of' this  act,  a«id 
shall   before    they    proceed   -to     execute    iheir 
offices,  be  severally- sworn,  or  (if  the  people  call- 
ed    Quakers)  affirmed,  be/ore  one  of   the  jijcl*ri 
of  the  said  General  court,  or  before  any  of  the 
justices  of  any. inferior  court  of  common    pleas 
to  perform  the  trust  and  services  requiied  of  a 
•commissioner  by  this  act,*  fairly  and  impartially, 
according  to  the  direction  thereof,  and  the  best 
of  hisskiil  and  judgment  s  and  a   certificate   erf 
ihftii   being sosworii  or  a/firmed  from  ihe  person 
administering  the  oath,  shall  be  filed  with   the 
rest  oi  the  proceedings  as  hei  eaiter  directed. 


H.  Of  all  survey s  an r I  allotment  to  be  made 
l>y  virtue  of  this  act,  two    true  field  books  and 
maps  specif) ing  the  bounds  of  every  allotment 
and  lot  shall  be  made,  and  the  several  allotments 
I  and   lots  laid    down  and  numbered  on. the  said 
I,  map,  and  then  signed  by  the  said  commissioners^ 
I  cue  of  v\hich  said  field  books  and  maps  shall  be 
I  filed  in    the   office  of  the  clerk  of  the 'county 
I  •where  the  greatestpart  of  the  lands  lay,  and  tlie 
other  in  the  sen  clary's  office  of  the    Territory; 
[  v. im:h  when  done,  thesaicj  commissioner*)  shall 
I  cause  an   advertisement    lo  be  published  forat 
least  six  weeks  in  one  or  more  of  the  New^-pa- 
P«TS    printed  in    the   Territory,   in  ihe  state  of 
Kenhickv  and  a*  the  seat  of  government  of  the 
United  S/a.'es,  nftifving  the  filing   ofthe  field 
books  and  mapsjn    t  lie  office,  and  appointing  a 
, particular  timesnd  place  on  a  day  within  twen- 
[  t)  djys  af-ei  the  e<pirationof  the  said  six  weeks, 
land  requiring    all    persons   interested  then  and 
i  there  to  attend,  to  *ee  the  several  lots    balloted 
!  for  ;  and~that  the  same  may   be  conducted  in  a 
Ljnst.and  impaitial  mnnner,  one    or  more  of   the 
t  judges  of  I  he  General-court,  or  one  of  the  justic- 
es of  the  inferior  court  of  common  pleas   of  the 
ccftinty  in  which   the   greater  part  of   the  lands 
lie,  not  interested  in  the  division,  upon  the  re- 
Quest  of  the  said  commissioners  in   writing  un- 
der their  hands,  served  six  days  before  iherime 
of  meeting,  shall  be  present  to   oversee  the  bal- 
loting so  to  be  made.     At  which  day  and   place 
,the  said  commissioners,    having   then   made  as 
many   tickets  as  theie  are  lots  in  each  allotment, 
with  one  ofthe  numbers  of  each  lot  on  every 
ticket,  and  as  many  tickets  as  there   are  paten« 
tees  and  proprietors,  with  the  name  of  one    of 

tt  b 


C  188] 

the  paten  tees  or  proprietors  on  each  ticket;  the 
tickets  of  names  shall  bepntinto  a  box,  and  the 
numbered  tickets  into  another*  box,    and  such, 
person  or  persons  as  the    oom  missionary  shall 
then  appoint,  shall  immediately  p  oceed  to  dravr 
a  ticket  of  the  names,  and  them  a   ticket    of  the 
numbers,  and  so  proceed  until  all  thetieke^are 
drawn:.    And  alter  drawing  for  the  Jots   in   one 
oJ the  allotments',  they  shall  proceed  in  the  same 
manner  todraw^  for  the  lots  in  the-  other   allot- 
ment or  allotments*  if  more  than  one,. until  the 
whole  drawing,  is   completed.      And;  the  lot  in 
each  allotment  on  the  maps,  bearing  th'e  number 
of  the  ticket  drawn  next  after  drawing  .the-  rirkel 
with  the  name-of  the-  patentee1*  or  propiietor, 
shall  be  the  seperaleand  divided  share*  of  such 
patentee  or  proprietor,  and  of  all  persons   hold- 
ing under  him  or  her.    Of  which  balloting,  and 
all  the  proceed  ing$  in  such  partition"  the  sakf  com- 
missioners shall  mate  a  full  and  fair  entry  and 
minute  in  a  book,  one   copy  wheieof  certified 
under  their  hand**  or  the  ftauds  of  a  ma  oiity 
of  them;  and  under  the  hand  of  theiwlge  pre- 
sent* shall  be  filed  in  the  said  secretary's  'office  5 
and  another  certified  in  like*  manner,     in    the 
clerk's  office  of  that  county  where  the  greatest 
part  of  the  lands  lay,  which  same  books    or  an 
exemplification  under  the  seal  of  the  Territory, 
shall    be  good  evidence  of  such  partition  $  and 
\vhioh  partition  shall    be  valid  and  effectual  in 
the  law,  to  divide  and  sepei ate  the. said  lands* 

III.  The  said  commissioners  or  any  two  of 
them,,  shall -within  one  year  next  after  drawing 
or  balloting  the  lots  aforesaid,  proceed  to  sell 
that  part  of  the  tract  which  was  set  apart  to  de* 
fray  the  expence  of  the  partition,  at  public  ven- 


due,  to  the  highest  bidder  ;  whereof  six  weeks 
public  notice  shall  bo  pieviou.sly  given  in  one  of 
the  said  News  papers  ;  and  their  deed  to  th.e 

Jurchaser  shall  pass  as  good  a  title  to  such   bid- 
er,  for  the  seperate  enjoyment  of  the  same,  as 
if  all  the  patentees  or  proprie'ors  of   the  said 
land   had  made  and  executed  the   same  in  dire 
form  of  law, 

IV.  Piovided  always^  That-no  commissioner 
or  commissioners,  or  any  other  person  in  trust 
for  him  or  them,  shall  become  purchasers  of  the 
said  land  so  to  be  sold,  or  of  any  part  iheieof. 
And  of  the  whole  charge  attending  such  parti- 
lion,  the  commissioners  shall  keep  and  state  a 
particular  account,  and  lay  the  same  before  one 
or  more  of  the  fudges  of  the  General  court  or 
one  or  more  justices  of  the  inferior  court  of  com- 
mon pleas  of  the  county  where  the  greatest  part 
of  the  lands  lie/  who  are  hereby  empowered  and 
required  to  appoint  -some  proper  person  or 
persons  to  audit  the  same,  after  fourteen  days 
notice  given  in  writing  by  tht*  said  'commission- 
ers to  any  three  of  the  propiieiors,  of  ihe  lime 
and  place  of  auditing  the  said  accounts,  ihatthey 
may  be  heard  in  objecting  to  the  same.  Arid 
out  of  the  monies  arising  by  such  sale,  tho  com- 
inlssiorrers  may  reU'in  so  much  as  the  said  audi- 
lor  or  auditors,  oiuhp  major  part  of  them  shall 
certify  to  be  dne  to  them  for  their  services 
and  disburseiruMH^in  completing  the  said  parti- 
tion ;  ana  thesrrpli-s  if  any  there  is,  shall  be 
divided  into  equal  parts  according  to  fhe  number 
ol  patentees  or  propiielors,  as  aforesaid,  and  be 
pai  1  to  th»5  n  or  tii  >;e  hoUin^  under  them  ;  and 
the  receipt  of  the  said  patentees  or  proprietors 
as  aforesaid,  or  of  any  person  holding  under  & 


patentee  shall  be  a  sufficient  discharge  to  the 
said  commissioners  foi'  the  share  of  such  paten- 
tees or  proprietors. 

V.  And   whereas  joint    tenants,   tenants    ia 
common,  and  coparceners  of  particular  lots   or 
parcels  of  land  so  divided,  or  of  other  hinds  held 
in  joint  tenancy,  coparcenary,    or   in  common 
may  be  inclined  to  have  partition  thereof;   that 
partition  inay  be  made  thereof-,  and  be  as    valid, 
and   the   expepce- of  rhe  same  defrayed   in    the 
same  manner  *s  the  partition  of  other  lands  are 
before  directed  ;  the  proprietor,  in  such  further 
or  other  partition  bring  considered  as  the  paten- 
tees are  tit  tire  partition  above  prescribed* 

VI.  In     case    o!    (he    partition    of    any  pa- 
tents or  tracts  of  13 nd  on  which  improvements 
have  heretofore  been  made  by  any  owner  or  pro- 
prietor, or  by  any  person^or  persotis,  by  consent 
of  any  owner  or  owner s-/ prop rfc bar  or   proprie- 

^  tors  of  any  such  patents  or  tracts  oMand;  the 
person  or  persons  to  whose  shares  such  parrels  of 
Improved  lands  shall  fail  i>pon  a  partition  of  snch 
patents  or  tracts  of  land,  shall  before  Be  or  they 
pe  permitted  to  the  possession  of  the  same,  pay 
rhe respective  possessor  or  possessors  thereof, 
rhe  value  of  (he  improvements  made  thereon  r 
and  in  ©rder  lo  settle  and  ascertain  the-valne  of 
such  improvements,  I  he-said  commission  ers  are 
hereby  fully  authorised,  empowered  and  direct- 
ed, at  the  request  of  the  party  or  parties  Eo  whom 
such  parcel  or  parcels  of  improved  lands  shall, 
upon  such  partition  as  aforesaid,  appertain*  issue 
their  precepZ  to  the  sheriff  or  the  county  l  in 
which  the  lands  lie,  commanding,  him  to  sum- 
mon tw el ve  freeholders  having  i'he  proper  and 
legal  qualifications  of  jurois,  to  attend  the  said 


commissioners  01  the  premises,  at  a   dajr  fo  be 
Ippolnled  in   the  said   pxeoept,    not   exceeding 
•thirty  days  after  *he  due  (hereof  la  assess    rim 
value  of  such  improvements;  at  w4flch  ck>y   and 
place  tha  said  commissioners  >hall  $\vear«  the 
said 'freeholders;,  well- aiKkrwh-  to*,  instate-  into 
and  assess  t  If fc, value  of  the  said  4ftf  prove  m  cots, 
and  then  shall  proceed  vyithF-tbekf  asaisiaaee  in  a 
suinrirary  manner,  to  inquire  into  an(l  assess  Ihe 
sarns,  and  make  Ju^ieaies  of  such  ihe-tr  iijcjuisi 
lions  and  assessnvenrte  imder    their   hand    and 
seals,  and  the>ha-nds  anj  .seals  oi  the   said  ftex> 
holders;    otie-of  which. saw]   duplicates  shall  be 
delivered  to  each  of-  the  pa/ tic*-     And  in  case 
die  possessor   or  posses&ots  of  §ucli  improved 
lands  shall  no!  -within   thirty  da/s  next  after  a 
tender  to  him  or  them  made  of  theassessed  valuo 
by  I  he  person  or -persons  to  whotit  the  said    ha* 
pi oved  lands  shall  upo« such  partiuon  as^  afore^ 
said  belongpeaceable  and  quietly  deliver  up  to 
him  or  thein^   the   posse3sion  of  the  same,  the 
said  commissioners    or  any  or  either  of  them 
shall  upon  proof  o£.such  tenderr  made    before 
him  or  them  or  any    or  either  of  them,  by  the 
oath  of  one  or  more  credible  witnesses,  i^sue    a 
precept  in  writing  under  the  band*  and  seals  of 
themihe  said  co in missi oners  OP-  the  hands  and 
seals  or  hand  and  seal  of  any  or  either  o^  them, 
to  thesheriif  of  the  courUy  in  which  such    im- 
proved  lands  respectively  lie,  commanding    him 
to  put  ther  person  or  persons  to  whonr  sudi  im- 
proved lands  shall  upon  such  partition  Belong, 
into  full  and  peaceable  possession  ot  the  same. 
Ptovided  always,  That  the  eosls,  charges  and 
expences  attending,  as  well  on  such  assessment 
a&aloresaid  as  on  the  gulling  of  the    party   or 


into  the  possession  of  such  improved 
IdncJs,  'hall  be  estimated  according  lo  ihe  re 
guUtions  herein  after  prescribed,  and  shall  be 
paid  b)  the  respeclive  possessor  or  possessors 
of  su<  h  improved  lands,  arid  on  his,  her  or 
ihcir  icfusal  to  pay  the  same,  shall  be  levied  on 
liis,  her  or  their  goods  and  chattels  by  warrant 
under  the  hands-  and  seals  of  the  said  commissi- 
oner*, or  the  hand  anH  seal  of  any  one  or  more 
of  them,  diiected  to  die  said-sheriff  o!  the  coun- 
ty wherein  such  improved  lands  icspectively  lie, 
\\hois  hereby  required  to  perform  that  service. 
VII-  And  inasmuch  as  the  said  commissioners, 
in  such  futther  or  other  partition,  may,  through, 
'ihe  great  number  orpiopnetors  and  lights,  pro- 
ceed upon  a  mistake,  either  by  supposing  them 
too  few  or  too  many  :  thr reforr  if  any  lot  or 
lots  shall  be  set  oft  and  drawn  for  any  peison 
having  no  title  to  thelandsfo  be  divided,  such 
lot  or  lots  shall  be  considered  as  lands  still  undi- 
vided ;  and  if  no  lot  or  lots  shall  be  set  off  and 
drawn  for  any  peison  having  title,  nothing 
herein  shall  be  construct}  to  defeat  such  title. 
Fiovided  nevertheless  that  the  partition  shall  be 
considered  as  fully  complex  ted,  lo  all  intents  and 
purposes,  between  all  and  every  the  other  pro- 
prietors of  the  said  lands. 

VIII.  .If  any  of  the  commissioners  so  to  be  ap- 
pointee! to  make  any  partition  by  virtue  of  this 
act,  shall  die  before  the  same  is  compleared,  their 
powers  shall  vest  in,  and    be  exercised  by  the 
survivors  or  survivor  of  them. 

IX.  One  of  the  said    commissioners     shall  be 
sworn  as  surveyor,  previous  to  the  said    survey 
to  be  performed  (or  if  the  people  called  Quakers, 
•kali  maise  affirmation)  to  perform  the  same  trul/ 


and   impartially,  and  accordingly    execute  fhe 
duties  of  surveyor  :  which  said  oath  or  affirma- 
tion, either  of  the- other  two  commissumerr  are 
hereby    empowered   to  administer,*   and*  which- 
oath  or  affirmation  shall  he  entered  in    the  mi» 
autes  of  their  proceedings,  and  ceriilied  by*  the- 
other  two  commissioners,  and  tliatone  other  of 
the  said  commissioners  shall  act  as  cl?rk,  and  as 
such  shall  take  minutes  oP  all    their  proceedings* 
X    In    cause    the   said;  conrr.nisskmer,   being  a 
surveyor  as  aforesaid %    shall  die  before  the*  suj^ 
vej  be  completed*  or  throngH'sickness  or  some 
other  cause  be  rendered  incipable  to    cotupleat: 
the  same,  that  in  siich   case  the  surviving  com- 
missioner oreooimissioners-shall^nd  may  there- 
upon nominate,   appoint  and    qualify    another 
surveyor  to  carry  on  *and    com^leat  the  same* 
Grin  caseeirher  of  the  said  commissioners  be  a 
surveyor,, -he  shall  and  may  be  qualified  and  act- 
j  as  survey  ore  and  compteat  the  survey  in  like  man-* 
!ner:    which*  saidi  surveyor  shall  have  twenty 
ei^ht  shillings  per  day   for   his  services.       The 
said   com mUsioner"  acting  as    surveyor,     shall 
s  have   twenty  etghfshiliing*  pfer  day ;  the  com- 
(inUsifHier  acting  as  clerk*  twenty  eight  shillings 
per  day  ;-arrd  the  other  of  the  said  commissioa- 
lers,  twenty  four  shillings  per  day,  whilo  actu* 
(ally   etn^lo'Ved  in  the  said  service  ;  and  each  of 
f  the  chain  bearers,  and  the  flag^bearer  and  mark- 
er   (whenever  the    commissioners  shall    think 
such hflag  bearer -OP- marker  necessary)  shall ''Have 
ten  shillings/ per  day  ;  and  tlie  persons  who  audit 
their  accounts- twenty  3-biJIings  per  day  for  their 
services  :    whicH allowances  shall  be  in  ftrll  for 
their  services,    and  all   expenses  attending  the 
said  survey  5  but  the  auditors  may  allow  a  rear  •„ 


'94  1 


son  able  sum  for    (lefra)ing   the  expence 
attendance   of  the    judges,  the  advertising  a*4 
balloting  herein  before  d'uected. 

XI.'  Whereas  many  small  estates  held  in  com. 
mon  require  a  more,  easy  and  less  expensive  mode 
for  the  division  thereof,  than  that  which  is  here-  .j 
•la    before    provided  ;   where    any    such    lands,  ; 
lenemenls,  or    hereditaments  shah  be    held  in 
common,    it   shall  and    may    be    lawful  for   I  he 
court  of  common  pleas  in  the  county  where  such] 
3ands  shall  be,  upon  the   application   of  one  or 
more  of  the  owners  or  proprietors  of  such  lands,! 
tenements   and    hereditaments,      lor     partition 
thereof,    it  being    proved   to  the  satisfaction  of 
the  court  that  the  value  of  the  said    lands,    te-1 
nements  and  hereditaments  do  not  exceed  twolvei 
.1  ho  usa  ad  dollars,    to    appoint    three    reputable 
freeholders    of    the   county    -commissioners  /orl 
that  'purpose,  affidavit    being    fust   made    before 
the  court,  by  the  person  or  persons  making  such 
application,    that  the  other  owners  or  propiietors] 
jesiding.  within  the   State,    or  the  guardians  of' 
such  ow  nets  or  proprietors  as  are    minors,    have' 
had  thirty  days  previous  notice  or  his  or   their; 
intention  of  making  such    application;   and  the 
commissioners;  so   to   be    appointed,  after   they 
shall  liave   been  duly  sworn  before    one  of  the 
justices  of  the  court  of  common    pleas  in  such 
county,  honestly   and  impartially  to  execute  the 
trust  reposed  in  them  respectively  as  commissi- 
oners for   mating  partition    of  the  lands,    tene- 
ments   and    hereditattuenrs    as    directed    by   the 
conrt,  shall    proceed    lo  make   partition    of  the 
said  lands,  tenements  a'nd  hereclitatnents1  among 
the  owners  and  proprietors    thereof,    according 
to  their  respective  rights  therein:  which  par  ti- 

'•- 


Cw'J 

litlon  being  made  by  the  said  commissioners, 
or  any  (wo  oPlhem,  and  a  leturn  being  made 
thereof  in  writing,  under  their  hands  and  seals, 
to  the  court,  particularly  describing  the  lots  al- 
lotied  to  eacn  jespective  owner  or  proprietor, 
and  mentioning  which  of  the  owners  or  pro- 
pri^iors  are  manors,  if  any  such  there  shall  be; 
•which  return,  being  acknowledged  by  the  said 
commissioners,  or  any  two  of  them,  before  on-e 
o*  the  justices  of  such  court,  and  accepted  by 
the  court,  and  entered  of  record  in  the  clerk's 
office,  shall  be  a  partition  of  such  lands,  tene 
meats  and  hereditaments  as  are  therein  men- 
tioned. 

XII.    Provided    always^     That    whore     any 
iouses  and  lots  are  so  circumstanced  that  a 


sion  theieof  cannot  be  made  without  great  pre- 
judice to  the  owners  or  proprietors  of  the  same> 
and  the  commissioners  appointed  to  make  par- 
tition onhe  same  shall  so  report  to  the  <ourtf 
if  it  shall  then  appear  to  the  court  that  such 
houses  and  lot^do  not  exceed  in  value  the  sum 
of  sight  thousand  dollars,  the  court  shall  there- 
upon give  orders  to  the  said  commissioners  to 
sellsuch  house  and  lot,  or  houses  and  lots  of 
land,  at  public  vendue,  and  shall  make  and  ex» 
ecute  good  and  sufficient  conve^aflres  to  ihe 
purchaseror  purchasers  thereof,  which  shall  o« 
perate  as  an  effectual  bar,  both  in  law  and  e- 
cuity,-  against  such  owners,  proprie  ors,  and 
all  persons  claiming  under  them  ;  arid  l-he  mo- 
nies'arising  therefrom  to  pay  to  the  owners,  or 
proprietors  of  such  houses  ajid  lots  of  land.  iLeir 
guardians  or  legal  representatives,  as  sball  be 
directed  in  the  said  order,  ret  aJnrng  in  their 
hands,  for  their  services  and  expeiices,  &uch  sum 

C  c 


C  I9«  1 

V>e  allowed  by  the  court;  anrl  ffo?  Mf-f 
Sioners,  on  a  division  ot  land-?,  Jerte- 
roentsand  hereditaments,  by  order  of  tha  court 
as  aforesaid,  shall  be  allows!  such  sum  as  the 
fourt shall  award  for  their  services  and -expeiices, 
to  bo  paid  b/  the  owners  or  p-opsiei.or.s  oP  ih& 
lands,  tenements  and  hcj'edi'.un'^irs  so  divided, 
in  proportion  to  their  respective  righto  therein/ 
and  in  cise  o1  iheno^loct  or  rcfh&jl  ora»y  of  the 
owners  or  propriety's  to  pay  his,  her,  or  their 
proportion  of  tliusuin  s->  a  \-iMleJ,1  the  court 
shall  order  so  much  of  the  lands  Icueaients  and 
hereditaments  «u totted"  to  suoh  owner  or  pro- 
prie'orso  refusing  or  neglecting,  to  be  sold  at 
public  vendue  as  will  be  sufficient  to  pay  his  or 
ter  proportioa  of  the  sum  awarded  by  the 
court,  together  with  the  costs  of  such  sale  And 
provided  also,  that  no  division  or  salcshd'l  be 
nude  by  o/<ler  of  the  court  as  above  directed, 
contiary  to  the  intention  of  any  testator,  as  ex- 
pressed in  his  last  will  and  testament. 

XIII.  And  the  guardians  ol all  minors,  shall 
l>e  and  hereby  are  respectively  authorised  and 
empowered*  on  behalf  of  the  respective  minors 
whose  ^uardiansntiey  are,  to  do  and  perform  any 
act,  matter,  or  thing  jespecting  the  division  of 
any  lands,  tenements  and  hereditaments  as  is 
directed  in  the  above  preceding  clause,  which 
shall  be  binding  on  such  minor,  and' be  deemed 
as  valid  to  every  purpose  as  it  the  same  had  been 
done  by  such  minor  alter  he  'should  have  ar- 
rived at  full  age* 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  •,  to  take  effect  on  and  fioin   the 


r  197  ] 

first  day  of  October,  ore  thousand,  seven  hundred 
and  ninety  rive:'  JN  TLSTlMUhY  Where- 
of, we  Arthur  6'/.  Cla/r.  John  Cleves 
Symmrs  and  George  Turner  ,  have  caused  the 
seal  of  the  Territory  lo  be  thereunto  affixed, 
aud  signed  the  same  with  our  names. 

Aft    vr,    CLAIR 
JOHNl    C.  bYMMES. 
G.  TURNER. 


r  IK  UNITED  STATES  7 
OK  1  llfc    OHIO-  3 

A  LAW  allowing  Foreign  At* 

lac  hmeuts.     Adopted  from 

the  A  ew  Jersey  code^    and 

published  at  Cincinnati,  the 

fifteen  tli  day  oj  July    one 

thousand,    seven    hundred 

and  ninety-  fiue-,  by  Arthur 

St.   Clair,    governour*    and 

John  Cleves  Symmes  and, 

Georce  Turner,  judges,   in 

.     »  '7    .  jO 

and   over   the  said    terri- 
tory. 


AR.  ST.  CLAIR, 
JOHN  c.  SYMMES, 

G.     TURNtR. 


Sect.  I.  HTIIE    lands    and  tenement*, 

chattels  and  effects,  rights  and 
credits  of  every  person  or  persons  non-resident 
in  this  Territory,  shall  and  may  be  attached,  for 
the  payment  of  any  just  debtor  oilier  demand, 
by  a  writ  or  writs  to  be  issued  out  ot  the  General 
court,  or  any  'CMC  nit  court,  or  couitof  com  mort 
pleas  .  and,  as  eaily  a?  ma>  be,  shall  and  m  a)  be 
pnueedrd  against  in  ihe  same  manner  as  is  di. 
rectfc!  against  thelands,  tenements  hereditaments 
and  esta:es  orabsronding  debtors,-  exceptwhere 
otherwise  herein  diieeted* 


[T98] 

II.  Provided,  Tha  I"  every  person  orp<?rsons  ap- 
plying for  such  writ  or  writs  of  attachment,  sju5lt 
before-  the  issuing  thereof,,  make  oath  or  afar- 
motion-  (and  which  shall  be  filed  in- the  pioper 
clerk's  of  fire)  that  he,,  she  or  they  verily  le» 
lieve,  that  the  person  or  persons  agiinst  w.iio>e 
estate;  or  estates,  lha  application  is  mule,  is,  or 
are  not,  at  tliat  time,  resident  within  the-  Terri- 
tory ;  and  that  such  person  or  persons  is,,  or  are, 
justly,  indebted  nnto  the  said  plaintiff,  or  plain* 
tiffs,  iiva.  certain  sum,  or  sums  of  money,  as 
nearly  as  maybe,  to  the  amount  of  the  debt  or 
other  demand  of  such  plaintiff,  or  plaintiffs,  as 
the  case  may  admit;  and  as  he,  she  or  tluy 
,can  lawfully  swear  or  affirm  to-. 

'III.  Where  two  or  more  persons  are  jointly 
'indebted,  either  a* Joint  obligors,  partners,  or 
otherwise;  then  the  writ  or  will*  of  attachment 
shall  and  may  be  ixsued  ag.-uhst  the^seperaJe  ani 
estate  of  such  joint  deb  tors-,01  any  oi  them, 


either  by  their  proper  pauies-,.  or  by  or  in  the 
name  or  style  of  tne  partnership;  01  by  white- 
^ver.  other  name  ar  names  sui:h»  joint  debtors  shall 
'be  generally  reputed^  known  or  distinguished 
'within  this.  Territory  v  or  against  the  heiis,  ex- 
lecutors  or  adoxinislrator^  of.  ihemv-  or  eiiHer  or 
:any  of  them..  And  the land£>  tenements,  gpods% 
Xihaltelis  and:  effects,  or  any  of  tjiein,  shall  be  li* 
;able  to  be  seized  and  taken  for  the  satisfaction 
of  any  just  debt,  or.  other  deauand  ;  and  may  be 
sold  to- satisfy  the  same;- 

IV.  Ko  judgment  shall  Be  entered  In  any  at- 
tachment hereby. directed; to>b€( issued;  until  the 
expiradoivoilwelVe  inoaili^;:  diirihg.wUicli!  term 
the'parfy  suing  out  ihe  attachment  shall,  and  he 
is  hereby  te^uued  to  cause  notice  thereof  to  be 


C  '9*  3 

[  advertised  In  one  of  the  puBlic  Newspapers  ^f 
this  Territory,  al  least  three  times  ;  and  shall,  in 
like  manner,  eause  the-sa-me  to  be  advertised  in 
one  of  the  News- papers,  at  the  seat  of  the  -United 
Stales  -  government,  wherever  it  may  then  be; 
and  also  in  one  of  the  news  papers,  published  in 
Kentucky  :  which  adve^tisetrreat  slulhset  forth, 
that  a  foreign  attachment  or  attachments  have 
been  issued,  at  who>e  suit,  and  against  whose  es- 
tate orestires  the  same  so  issued';  an J' that  un-» 
less  the  debtor  or  d^btors^  whose  estate  or  estates 
are  so  seized,  shall* appear*  by  himseff  or  attor- 
ney, to  give  special  bail  to  answer  such  suit;  that, 
then,  judgment  vviU  be- entered  gainst  s-urJi-deb* 
tor  oHibtoi-sbv  default,  aud  the  estate  or  es  ates 
attached,  be- sold  for  the  satisfaction. of  all  credi- 
tors i\hn  shall  appear  to  be  fustlv  entitled  to  a 

5  demand   thereon.,    auzd.  shall  agoly  for  that  pur- 
pose. 

V,  No  cre^Ii>or  or  creditors,  entitled  to  any 
share  ot  estates,  sold  under  this  law,  shall  re* 
ceive  the  same,  until  he,  she  or  they  shall  enter 
into  bondtoihe  defendant  or  defendant  with 
good  and  sufficient  security,  to*  be  approved  of 
by  the  court,  and  also*  to  be  hied  in  (he  office  a- 
i  foresaid,  in  double  the  sum  so  to  be  received  ; 
with  condition  thereunder  written,  that  the  par* 
ty.  so  receiving,  shall  appear  to  any  suit  or  suits 
that  shall  or  may  be  brought  by  such  defendant, 
or  defendants,  within  the  space  *f  twelve  months, 
then  next  ensuing;  and  shall  pay  unto  suchde- 
Jendantor  defendants  all  sums  of  money  which, 
on  tiialtobe  had  thereon,  shall  appear  to  have 
been  received,  aud  not  justly  due  and  owing  to 


E  2003 

such  creditor  or  credilors;  together  with  costs  of 
suit. 


THE  foregoing  is  hereby  declared  to  be  a  Inw 
of  the  Territory  ;  to  take  eirect  on  and  firm  ilie 
first  day  of  Oc  to  her,  next  ensuing:  7^7/6'- 
TEMUNr  whereof,  we  Arthur  St.  OW, 
John  CI eves  $y nit ncs  and.  George  I  tuner.  heve 
caused  the  seal  of  the  Territory"  lo  be  theiPin.;o 
affixed,  and  signed  the  same  with  our  names* 

A  .  s  .     !  ,M  » 
jo:'N  t.  SYV. 

G.    TUKNLR. 


JsOUTfl-WESi;   CKTHh  Of  JO. 

A  LAW  concerning  the  duty 
arid  povfrol  <  oronfis.  'Jt4 
d  op  ted  IKW  //<  J\  cttatl  u» 
setts  (ode,  and  fitffifltf*  cl 
Cincinnati,  the  six! ((it tit  day 
of*ulytone  lliruiand,  seven 
h u n dred and  ninety  -Jii * e  ;  by 
Arthur  St.  Clair,  governor r% 
.  ST.  CLAIR,  and  foh'n  Cloves  S}rnmes 
and  fleorce  Turner,  judges, 
in  andovci  t-ie  said  Territory. 


Sect.  I,  17VITY  crrcrer  will.in  lie  county 
Ccronor  ta  *-^  IcT  v\hicb  he  is  a|pcinicd,  shall 

lervepiocff*  serve  all  \i riband  piecepls,  Vvluu  il.e  fheiirf,  or 
r tarty? Yr  ID*  any  of  his  deputies,  shall  tea  pirf>  lo  ihesame; 
tcreiied.  '  and  shall  return  juiois,  in  all  causes,  uhere 

the  sheriff  shall  be  inreresred,  01  relaled  lociiher 
,  ftf>  parly.  The  corouei* shall  lake  hujuests  ot  \io- 


ttty  .  ,  f^ 

discharge  thereof;  and  give\sediiity  ialhesama  j^-jYu' 
manner  a*   sheriffs    are  oblige^   to  d^. 

11,   ftver/  cpi oner  shall,  as  soon  as  he  shall  be 
cei  tilled  of   the  dead  body 'of  aay    person,  sup- 

Eo-e'.l  to  have  come  tQ  hUor  her  death,  by    vio- 
iiice  or  casualty,    found    or    l)ing   within    his 
county,    iiid&e  our  his  warrant,  directed    to    the 
constable  of  the  township  \\heie  the  dead  body  n  ,.  .      , 

r  i  i     •  •    •  i   •          i          i         •    i 

is    found  or  lying,    requiring  him  forth  with  to  ^ro  ceding*  0F 
summon  a  jury   of  good  and  lawful    men  ofthetac  coroucr- 
same  fortra^hip,  not  le>s  than  eighteen,  in  all, 
(so  that  twelve  may  be  present)  to  appear  before 
su'-h  coroner,  at  the  time  and  place  in    bis  war- 
rant expressed,  arid  to  enquire,  upon  a  view   of 
the  body  of^n^me  here  the  person    deceased,  if 
known)  there  lying  dead,  how,  in  what-  man- 
ner,  and  by  whom    he,  or  she  came  by  his  or 
her  death.      And  every  constable,  to  TV  bom  sue  fl 
-warrant  shall  be  dhected  and  delivered,  shall, 
forthwith,  execute  f  he  -same;   and  shall  repair 
to  the  place  where  the  dead:  body  is,  ai  the  rime 
meiirioued,  and  make   return  of  the    warrant, 
•with   his  proceedings  thereo-n,  unto     the    coro- 
ner who  gi  an  ted    ihe   same,     Lvery    constable, 
failing,   unnecessarily,  of  executing  such   war  p-0 eoff  cmf- 
rant,  orof  returning  the  same,  as  aforesaid,  shall  ft.ti>fe  failing 
forfeit  and  pay    the  sum  of  eight   dollars:    and  ia  *»»  duty, 
every  person  summoned  as  a  juror,  as  aforesaid, 
that  shall  fail   of  appearance,  without  having  a 
reasonable    excuse*    shall   forfeit      live  dollars.  ib*ir*?° 
Which    fines  shall  be  recovered,  .by'  action    of 
debt,  before  any  jurisdiction  riij,t  eaii  uke  co"ai- 


Foreman's 

oath. 


r 

yanre  of  die-same,  and  be  applied  to   ttie  use  of 
the  county. 

III.  The  coroner    shall   administer  an    oath 
(or affirmation)  to  twelve  of  the  «uiors  that  shall 
appear;  to  the  foreman,  Iin>U  iu   the  follow  ing 
form  ;  — 

"i  OU  do  solemnly  swear  (or  solemnly,  sin- 
cerely and  truly  declareand  afhrm,  as  the  case 
is)  that  you  .will  •  diligently  enquire,  and  true 
presentment  make,  how,  in  what  manner,  and 
]>y  whom  A.  B.  w  ho  here  lies  'dead,  came  to  his 
death  :  and)  on  shall  delirei  to  me.  one  of  the 
coroners  for  this  county  a  true  inquest  thereof, 
according  to  such  evidence  as  shall  be  laid  before 
you  and  -according  to  your  .  knowledge  :  So 
help  you  God. 

IV.  The  other  IUFOFS  shall  sweai,  or  affirm  (as 
the  case  may  be  )  in  the  following  lonn  :  — 

SUCH  -oath  (or  affirmation)  as  your  foreman 

jcror's  oath,    hath  taken   )  on  and  each  and  every  of  yon  shall 

well  and  truly-observe    and  keep:  So  help  }  on 

fh^r0"' f  be  '•!        ^'   The  jurors  being sviorn  the  coroner  shall 
c  large     jej     ^.^  tjiem  a  c|,a,-ge   upon  their   oaths  to  declare 

of  the  death  of  the  peis(^n  ;  whether  he  or  she  di 
e'l  of  feli^m  ,  or  mischance  or  accident  ;  and  if 
of  felony,  \\fao  were  p»inci|>als  and  who  were 
accessaries  .  with  what  instrument  he  or  s'he  was 
struck  or  wounded  and  so  'of  all  pievailing 
circumstances  which  rnaj  come  by  pre  umption: 
and.  if  by  mischance  or  accident,  whether  by 
the  act  of  man  and  whether  by  hurt  fall  stroke, 
drowning  or  otherwise  :  also  to  enquire  if  the 
thepersons.  who  (ifany)  were-present,  the  hnd- 
^ersof  [he  body,  his  or  her  relations  and  neigh- 
bours J  whether  he  or  she  was  killed  iu  the  same 


r  203  "i 

where  f  neV>dy  was  found  •,  and,  if  else- 
e,  by  whom,  and  how  the  body  was  brought 
tlieuce  ;  and  of  all  other circumstances,  relating 
to  the  said  dearh.  And  if  he  or  she  died  of  his  or 
her  own  felony,  then  to  enquire  or.  the.  manner, 
means  or  instrument,  and  of  all  circumstances 
concerning  it. 

VI.  The  jury  being  charged,  shall  stand  toge- 
ther;  and   proclamation   shall  be  made  lor  any' 
persons,  who  can  give  evidence,   to  draw  near, 
and  they  shall  be  heard. 

VII.  Every  coroner  is    further  empowered  1o 
send  out  his  warrantor  witnesses,  commanding 

them  to  come  before  him  to  be  examined,  and  to  tendTnceof  * 
declare  their  knowledge  concerning  the  matter  in  witoeffcs. 
question.     He  shall  administer  an-oath   (or  affir- 
mation) to  them  in  form  following  ; 

YOU  do  solemnly  swear  (or  solemnly*  sin- 
cerely and  truly  declare  and  affirm)  that  thejevi- 
den'reynu  shall  give  to  this  inquest,  concerning 
the  deaih  of  A  B,  here  lying  dead,,  shall  be  the 
truth,  the  whole  tunh,  and  nothing  but  the 
truth:  So  help  you  God. 

Vlll    The  evidence  of  such  witnesses  shall  be 
in  writing,  subscribed  by  them  :    and  if  it  relate  WihiefV  r*gto 
to  the  trial  of  any  person  concerned  in  thedeath,  ™d  fig*  **>• 
then  shall  the  coroner  bind  such  witnesses,  by  \^e^ 
reooofiizance,  in  a  reasonable  sum,  for  their  per- 
sonal appearance  at  the  next  General,  or  circuit 
court,  to    be    holden  within    the  same   county, 
there  o  give-evidence  accordingly  ;  and  commit 
to  the  common  fail  of  ihe  •  county,  'any   witness,     Or, 
or  witnesses,- refusing  to  enter  into  such  recog- be  conunutecL 
nizance;  and  shall  return  to  the  same  court  the 
inquisition,  written  evidence  *and  re  ognizance 
by    liiia    taken.     And  U:c  jury 

D  d 


C  204] 

the  body,  hsarJ  -the  e/idence,  and  made  all 
eiiifiiiry  within  their  power,  shall  draw  up  and. 
deliver  "»ito  ths  coroner,  their  veidicl  upon  the- 
£  the  Jem  h  uuJer  consideration,  ia  writing,  under  their- 
hands  and  seals. 

/AT.    Upon   an  Inquisition  found  before  any.' 

^-  coroner,  of  the  death  of  any  person*  by  thefelo- 

Offenders,  how  -  t  L       '   t.         i!    n  1-1 

iobe  fecureJi  n^r  or  misfortune  ot  anorherT  ho  .shall  speedily.- 

'  inform  one  or  more  of  the  just  Fees  of  the  sa.ne* 
county  thereof  :  to  theinteiu,  that  the  persoa* 
killing,  or  being  any  way  instrumental  to  the? 
death,  may  be  appreluendjeJ,  examined  aad  secure 
ed,  ia  order  for  tiial. 


THE  Foregoing  Ls  hereby  declared  to  be  a  law 
of  the  Territ'ory  ;  to  take  effect  on  and  from  ihe 
.fifteenth,  day  of  August,  ne  ct  ensuing:  /.V  TESTI- 
jV/QiVTwhereof,  we  Arthur  Sf.  Glair*  John  Cleves 
Symmes  and  George  Turner^  hatre  caused  the 
Seal  of  the  Territory  Co  be  thereunto  affixed, 
and  signed  the  same  with  our  names* 

All.  S^  CLAIR 
JOHN   C.  SYMMES, 
G.  TUENER* 


r  205  3 

OF  THE  UNITFD'TATTS? 

or  THE  onto. 


A    LAW  for  continuing    suite 
General   and   Ciicnit 


Courts.  Adopted  from  the 
ginia    code,  and  published  at 
Cincinnati,  the  eighteenth  day 
of  July,  one    thousand,  seven, 
hun  dred  and   nine  ty-Jive  ;   by 
Arthur    St.   Oair,   governour^ 
An.  ST.  CiMt,        and     rohn    Cleves      h  mines 
«'«/  ^eorge    Turner,'  /««feri, 
in  andovei  the  said  Territory. 

,V  HENEVER  a  iiu'ge  ot  tlie  Territorv  may 
"  not  be  able  to  attend,  to  hold  the  General 
court,  or  circuit  couit,  at  thestdiei  term  to 
•\\hirh  ^jch  court  stands  amounted,  all  sui(s  de- 
i^enJing  in  the  said  courts,  or  either  of  them, 
slull  stand  wuutiiiued  over  to  the  next  succeed 
court, 


THE  foregoing  is  hereby  declared  to  be  a  law 
OJ  the1  Terrirory  ;  to  take  effect  on  and  from  ihe 
first  day  of  October,  nex.t  ensuing:  IN  T&S* 
7/MOVr  \vhereof,  we  Arthur  St.  Clair, 
John  Cleves  Sf /times  and  George  Turner,  ha\e 
caused  the  seal  of  the  Territory  to  be  thereunto 
.  and  gkned  the  same  with  our  nam«9.: 

AK.  Sr.  CLA1P, 
JOHN  C.  SYMMES, 
G.   TURNER* 


[    20* 


OFT-r-  UMITED  STATES') 
NORTH-WEST.  OE  THE.  OHIO.  > 


A  LAW  to  Suppress  Gam- 
ing;. Adopted  I  mm  the 
Virginia*  code,  and  pub- 
lished. at<  Ci/icrnnaliy  the 
sixteenth  day  of  july  one 
thnusin-1*  seven*  hmi'lmi 
and  ninety<«fiv€',  by  Arthur 
St.  Clairj  govemnnr  ,  a/ii 


TURNER 


George  1  urner,  y//  /  .w,  ;^ 
cn^  oiAd/-  the  said  Terri 
tory. 


Sect,  L  jry^RY  promise,    agreement;    nofe, 

'  bill,  bond,'  or  other  contract   shall 

te  void;  if  made  to  pay,  deliver  or  secure  money; 

or,  other,  thin»,  won>  OF  obtained  by  playing  it 

cards,  dice^.  tables^.,  tennis  »  bowls  orothergafnes  ; 

or  by  betiing  or-  laying  on  the  Kinds  andaidesof 

any  person  who  shall  play  at  such  games,  or  be 

won  on  ob  aiiied  by  betting  or    laying  on  any- 

horse  race    or/  cock.fjgbting,    or  at  any   other 

sport  or  pastime  ;  or  on  any  wager  whatever,  or 

to  repay  OF  secure  money,  or  otlier  thing  lent  or 

advanced)  lor-  that*.purpc>se;  or  lent  or  advanced 

at  the  time.ofsuch'-g^min^,  sporting,,  or  wager, 

loa  person  Jhen  s>  r-tually  -playing,  betting,  laying 

or  adventuring^ 

II.1  Any  conveyance*  or  lease  tif  lands,  teue* 
mentsjor  hereditaments,  sold,'  de.nised,  orm-)rN 
gaged!;  and  any  sale,  mortgage  or  other."  trans* 
ier  o<  personal  estate,  to  any  person;  or  for  his 
use>  to  satisfy  or  secure  money,  or  other  thing. 


by  him  won  of,  or  lent  or  advanced  to  the  seller, 
lessor*  or  nmrigagor  ;  or  w.iiere;>F  money  or  o- 
ther  thing  sowon,  lout,  cr    advanced  he  parr  or 
ail  otilieconsideialMii, shall  enure  to  ibe-useofihe 
htirol  such  mortgagor,,  lessor,  bargain  or  or  ven- 
dor ,  and  bhallvest   the  whole  estate  and  interest 
of  sucH  peisonin  the  lands  tenements  or   heie- 
diia  merits-'  so    leased;   mortgaged;    bargained  of 
sold,   and    in    the   personal  estate  so  sold,  mort 
g.i^ed,   or  other AJse  transferred,  to  ail  intents  and 
p.«  -posoi  in  ilie  heir   of  such  lessor;    bargainer, 
Bf.  tgigor  or  vendor,  as  if  suc/fr  lessor,    bargaia* 
or  moi:gagor  or  veirdor  had  dkd  intestate.. 

111.  No  tavern  keeper,-  or  innh'oldcr;  •  shall* 
permit 01  suffer  •  iirds  dice,  bHliards,  or  any  in- 
suinnent  of  gam  nig  to  be  made  use  of  in  his  dwel- 
ling bou'-e  or  in  any^  outhouse- or  under  any* 
booth,  ai  bowi  or  othnr  pkce  upon  the  messuag<?- 
or  tenementlie  occupies  where  money,  or  ©liter 
properly  shall  bebetred  or  pla)edfor;  upon  pain 
of  being  denriveJ  of  his  licens.e',  and  forfeiting  a 
sum  not  exceeding  two  bmidred  dollarsr  nor 
less  than  (itty  dollars  ;  to -be  recovered  byactioa- 
of  debt,  in  any  court  of  record  5  one  half  to  the 
pirty  first  informing,  the  other  half  to  the  uso 
ofthe  Territory  :  but  uhere-th'c  action  shall  be 
broughr,  ex  officio  by  theof:jcer  prosecuting  the 
pleas,  ihen  the  whole  of  sudi-fine  sliallgo  to  the 
use  of  the  Territory. 

7^,  P/dvrded;  That  if  such  tavern  keeper,  on. 
inn  holder,  shall  give  information  of  the  offcnrc 
aiivi  the  uame,or.natn-es  of  the  party   offending, 
to  the  court  next'  siuting  in«  or  for  the  comity 
wherein-  he    resides,    he    shall  not    be    si 
to  tiiexTisabiiity  andpeaalty  [&l  mentioned. 


C   203    1 

V.  TVo  justices  ol  the  peace  may  cause  to 
come  before  them. any  person  not  possessing  a 
visible  estate,  nor  exercising  a  lawful  Irade  or 
profession,  and  suspected  ty  them  to  sup- 
port himself,  lor  ll»e  most  part,  by  gaming  \  anxl 
if,  upon  examination,  the  suspicion  shall  appear 
to  be  well  founded,  they  shaft  require  surety  of 
Iiim  for  his  good -behaviour  during  the  term  of 
twelve  months;  and  if,  be/ore  the  expiralkm 
thereof,  he  shall  pkay  for,  or  bet  any  money  or 
other  thing,  or  cause  or  suffer,  any  game  whate- 
ver tx)be  played  lor  money  or  other  thing,  he 
shall  be  adjudged  to  have  broken  the  condition 
o!  his  recognisance. 

VI.  No  person,  in  order  to  raise  money  or 
other  property,  for  himself  or  another,  shall  pub<- 
licly,  or  privately,  put  up  a  lottery  of  blinks 
and  prizes  to  be  drawn  or  adventured  for,  or  arfy 
prize  or  thing  to  be  lalfled  or  played  for.  Who 
cvar  shall  offend  herein  shall  forfeit  to  the  use  of 
the  Teirilory  the  whole  sum  of  money  or  pro- 
perty proposed  to  be  so  raised  org*med.. 

yiL  The  presiding  judge  or  us  rice  in  the  se- 
veral courts  of  laW,  shall  at  every  coun  give 
ih-s  act  in  charge  to  the  grand  jury  as  spou  a* 
sv\orn. 


THE  fore  gmng  is  here  by  declaied  lobe-aLnv 
of  fhe  Territory  ;  to  take  effect  OL  anj  from  the 
first  day  of  October,  next  ensuin-  :  IN  T&S* 
TIMONY  whereof,  we  Arthur  St.  Clair, 
John  Cleves  Symmcs  and  George  7 urner,  have 
ca-isedrhe  seal  of  the  Territory*  to  be  thereuatfe 
affixed,  and  signed  the  same  with  our  names. 

AK.  ST.  CLA'R, 
JOHN    C,    YMM£3, 
G.   TURNER.. 


TEP  R  ITOttYCF  Til  £  UNITED  STATES} 
r.O^  FH£   OHIO,          3 


A    LAW  as  Co-proceedings  in* 
Ejectment,  distress- for  hen  t,. 
aud,  Tenants  at  will  holding 
over.     Adopted    from    the 
Pennsylvania/I.    cods,    andf 
published  al  Cincinnati,  llie 
seventeenth  day  of- July,  6/zcr 
thousand,      seven    hundred' 
i.  Sr,  CT«I*,  and  ninety-five  ;   by  Arthur 


j?\  IX  •       vr '   «  v«-  •  *••*-•     •  /      J  *  ./ 

JOB*  f  .  SYMME»,        5Ej|      Clair,    governour*    and' 
G-.rujvN^**  John    Cleves'  Symmes,   and 

George  Turner,  judges,  in  and 

wsr  the  said.  Territory,.. 

made. 

QP^    T     TTrHEREanygoodsorcrialtelssIuU' 
W  be  distrained  lor    any  rent,  re* 
served  'and  due  oj»,i  vty  Jomw.    lei»»  «jo^«>TZ 
tract,  whatsoever,  an  I  the  waanl  or  owaer  of  ea  whea .. 
the  aoods    90  distraine.1;  shall  n-->t,  wahui  Era  Pu*jr. 
days Tacit  after  such  di.ires*  taken'  (and  notice 
AM,  with  th3   cause  of  *-wh  taking  left  at 
the  d>vellin-  h  >  «e,    or   other  m.nl  n Jtoric 
place  oiths  «3i»Ue»,  diujjl    mth  ths  reat 
Distrained  for)  re?tery  the  same,  with  sufticieat 
secnritv  to  be  «r««  to  th3  ilnritf,  according  tr 
kw     ttatlh-  I    i-il  insachunse,  after  sach  dis-  prhinrlfr.  th* 
«ess  and  notice,  a»af<K«aid,   aai  e-cpiratioa  of '«*•*«  »te 
thesaM-fwa  days,   tha  par*»a  distniaiaz  saall 
and    may,  with  the  sheriff,    u:«  ter  sheriff,    or 
any  constab'.ein  the  city  or  county  where  such 
distress  shall  be.takea  (who  are  hereby  required 
to  be  aiding  an  1  assisting  therein,)   cause  the 
goods  anu  chattels,  so  distrained,  to  be  appraised. 


I 

fvy  two  reputable  fcerJioWinw  who  shall  have  and 
receive,  for  their  ironh  e  the  si^m  of  fifty  cents, 
per  diem,  each,  and  in'lbar  propnition  for  a  long- 
e^r  or  shorter  time  ;  and  shall  first  take  the  fol- 
lowing oaih  or  atfouraJon.  /.  A*  B.  mil  well 
and  truly \  accord'' n^  io  the?  best  of  my  nnder- 
standing*  appraise  the  good&and  rfwtte/s  of  C. 
D  •  dislra  in  ed  on,  for  /  en  A,  by  L .  F  W  h  ic  h  oa  *  h 
or  aflirruation,  such  sheriff,  under  fheiin  or 
constable,  is  hereby  empowered  and  leijiim-d 
fl  to  administei  ;  and,  after, -.such  appraisement, 

may  "be  fold!  *  s^al^  or  n^  *  after  s^x  days  public  notice,  law- 
fully sell  I  he  goods  jand  chattels,  so  distiainedf 
for  the  best  pi  ice  tbarcarTbe  gotten  for  the  same  ; 
for  and  towards,  satisfaction  of  the  rent  for  which 
the  said  goods  apd  chattels  shall  be  dis'tiained, 
and  of  the  charges  of  such  distress,  appraise- 
jnentand  sale  ;  leaving  the  overplus  if  any,  ia 
Ihe  hands  of  the  said  sheiiff  under-sheriff  or 
constable,  for  the  owners  use. 

Penalty  on  ^    Upon    any   pound  breach    or  rescous    of 

-refcotts  of  goods  or  chattels  distrained  for  rent  the  person 
or  persons  grieved  thereby  shait  in  a  special  ac- 
tion upon  the  case  for  the  wrong  thereby  sus- 
tained recover  his  her  or  their  treble  damages, 
and  costs o/  suit  against  the  offender  or  offend- 
ers in  such  rescous  or  pound  breach  anv  or 
cither  of  ihem  ;  oragainst  the  owner  or  owners 
of  the  goods  distrained  in  case  the  same  be  af- 
lerwarcjs  found  to  have  come  to  his  or  their  use 
or  possession. 

^er       111.   Provided,  That  in  case  any  distress   and 
^frud?7uhjrcb  sale  sna^  beniade,   by  viriue  of    thjs  law,    for 
asartiimr  to      rent  pretended  to  be  in  arrear  and   due   when  in 
fui tt i«  double^  ^nith*  no  rent  shall  appear  to  be  in  arrear  or 

person  or  persons  distraining    or  to 


r   2TT   ] 

lilm  or  them  in  whose  name  or  names,  or  right,, 
snch  distress  shall  be  taken  as  aforesaid;  then 
the  owner  o(  such  goods  and  chattels,  distrained 
and  sold,  as  aforesaid,  his  executors  or  adminis- 
trators, shall  and  may,  by  action  of  trespass,  or 
upon  the  case,  to  be  brought  against  the  person 
or  persons  so  distraining,  any  or  either  of  them, 
his  or  their  executors  or  administrators,  recover 
double  the  value  of  the  goods  or  chattels,  so 
distrained  and  sold,  together  with  lull  costs  of 
suit. 

1W  The  goods  and  chattels  lying  or  being  in 
or  upon  any  messuage,  lands  or  tenements,  whicli  Jje    to 
are  or  j-hall    be  leased  for  life  or   lives,  term   of  Paid  oot»f 
years,  or  otherwise,   taken  by  virtue  of  any  exe- £•£         "  raia 
cution,  shall  be  liable  to  the  payment  of  all  sn^li 
sum  or  sums  of  money,  £>saie  or  shall  be  clue  for 
J-enl  lor  the  premises,' at  the  time  of  talcing  such 
good?  and   chattels  by  virtue  ot  such  execution. 
And  the  said  sheriff  shall,  after  sale    of  the    said  St,e..:<f  to   pa 
goods  and  chattels,  pay  to  the  land-loul,  or  other  h  over  to  land* 
person  impowered  to    receive    the    same,    such  lard, 
rent  so  due,  if  so  much  shall  be  in  his  hands;  and, 
il  not,  <-oinuf  li  as  shall  be  in  his  hands;  and   ap- 
ply the  overplus  thereof,  If  any,  towards    satisfy- 
ing the  debt  and  costs,  in  such  execution  iricn- 
hojiocl  :    Provided  always,   that  the  safd  rent,  so 
to  b?,  paid  to  the  land-lord,  siuui  not  exceed  one 
yea  is  rent. 

V.  In  cass  any  lessee  or  lenartl  for  life  or  lives, 
teinrof  year?,  at  will,  or  otherwise,  of  any  me? 
suages,    land>,    or  tenements,  upon   Hie   demise 
whereof  any  rents  are  or  shall  be  reserve*  f,    or  T^naut 
made    payahleT  shall,  fraudulently,  or    clarides    df'Hael^re. 
tinely,    convev  or  carry  off,  from  such  deiiiiserl  inov'"g^« 

'.  ,         *  ',  ...  .  gi^d*     land* 

prcaiises,  aisguoas  or  cnattels,   w:::i  latent  to 

£  e 


prevent  Iceland-lord,  or  lessor,  from  distraining 

frunrfw^ibin  l'ie  sainc  ior  aneais  °'  il3Ch  Ient.  so  leserved,  as 
y>  <Uy^t~  aforesaid,  it  shall  and  may  be  lawful  to  and  for 
such  lessor,  or  land-lojcf,  ora«-}  o-fher  person  or 
persons,  by  him,  for  that  p»ipo«e,  lawfully  Jm 
powered,  within  ihe  space  ot  ihtrty  days,  ne>t 
ensuing  such  conveying,  away,  01  carrying  off 
suchgoods,  or  chattels  asaloie^aid,  to  Lsie  and 
seize  such  goods  and  chattel6,  wherever  the 
same- may  be  found,  as  a  dimness  for  the  s*id  ar- 
rears or;  such  rent,  and  the  same  to-sell  or  ollier- 
•wise  dispose  of,  in  such  manner,  as  it  the  said 
goods  and  chattels,  had  actually  been  distrained 
by  such  lessor,  or  land  lord,  in  01  upon  sue),  de- 
mised premises,  for  stir h  arrears  of  rent  ;  any 
law,  custom  or  usage  to  the  contrary,  notwith- 
standing. 

PJ.PtaviJeJ  nevertheless,  Thafnothfric  herein 

Provided    fach  .    •       j    i     n  j  LI  i 

•renot  contained  shall  extend,  or  be  deemed  01  cons  ru- 

>ona  ed  to  extend*-  to  impower  such  lessor,  or  land- 
to  an.  lord;  to  takeorse  z.3  any  such  goods  or  chattels, 
as  a  distress  for  arrears  of  rent,  which  shall  be- 
bcna  S.le,  and  for  a  valuable  consideration,  sold 
before  such -seizure  made  to**any  person  -or  pcr^ 
sons  not  privy  to  such  Iraud,  as*  aforesaid:  any 
thins  herein  to  the  contrary  notwithstanding- 

yil.  Ifskall  and  may  bq-lawfiil  to  and  for  every 
lessor  or  Und-lcrd.  lessors  or  land  lor&ls  or  his  her 
or  their  bailifls  receives  or  other  person  or  per- 
sons, itfipo»vcrcd  -by  him,  her, or  them. to*  tale 
and  sci  e  as  a  distress  lor  arrears  of  rent,  any 
to  lamK  ca  I  lie  OP  stock  of  their  respective*  tenant  or-  ten 

f .  c<1°/*atUs*  feedinffor  p£»frarin<;  upon  all 'or  any  part  ol 
***"*  i  •         i      •      i       it!  11  i 

,ttock,  corn,  the  premise.s  ceiius-ed  or  holcleiif  anq*al>o  lo  lake 

and  xcvizc  ail  so:  ts  of 'corn  and  grass  hops,  loots, 
ftuits,  puLcGi-c-llier  froducl  whaisotver,  which 


shall  be  growing  on  any  part  of  the  estate  or  es» 
tares,  so  demised   or  holden,  as  a  distress  for  ar- 
rears of  rent;  and  to  appraise,  sell  or  otherwise 
dispose  of  the  same   towards  satisfaction    of  the 
rent    for  which  such    distress  shall  have  been 
taken,  and  of  the    charges  of  such  distress,  ap- 
praisement and  sale,  in  the  same  manner  as  other 
foods  and  chattels  may  be  seized,  distrained  and 
Upo  ed  of ; and  the  purchaser  of  any  such  corn. 
grus,   hops,  rooU  fruits,  pulse  or  other  product,  With 
snail  have  free  egress  and  regress  to  and  from  the  of  e*r«'19 
same,  where  growing,   to  repair  the  fences  from  1'fJuK^Tt  and 
time  to  time,  and  when  ripe  to  cut,  gather  make   perfctfc  die 
cure,  and  lay    up  and  thrash,  and   after  to   carry  crcrps. 
the  same  away,  in  the  same  manner  as  the  tenant 
might,  legally  have  done  ,  hadsuch  distress  never 
been  made 

Vlll.  Whereas  great  rnconveniencies  may 
freq  tently  happen  to  land-lords  by  their  tenants 
secreting  declarations  in  ejectments  which  may- 
be delivered  to  them;  or  by  refusing  to  appear 
to  such  ejectment;  or  to  suffer  their  land, 
lords  to  take  upon  them  the  defence  thereof. 
Every  tenant,  therefore,  to  whom  any  declaration  Tcnallt  ct>Q. 
in  ejeciment  shall  be  delivered  for  any  land,  te-  crying 
jiements  or  hereditaments,  within  the  Territory 
shall,  forthwith  give  notice  thereof  to  his  or  her 
land  lord,  or  laad  lords  oT-his  her  or  their  bailiffs 
receivers-agent  or  attorney  ;  under  penalty  oi 
forfei.'ing  ^the  value  of  two  ycafs  rent  ot  the 
premises  so  demised,  or  hoiden  in  the  possessioa 
of  such  tenant  to  the  person  of  whom  lie  or  she 
holds;  to  be  recovered  by  aclio-n*of  debt  to  be 
brought  in  any  court  where  the  same  may  be 
cogni  able  whereto  no  essoiu,  protection  or  wa- 


r  214  1 

geroflaw  shall  be  aUo-wed,  nor  any  more  than 
cm  e  impair  lance,, 

XL  it  shall  andinay  be  lawful  for  the  co-art 
Goart  way  fuT»  ^  hero  such  ejectment  shall  be  brought  to  suffer  the 
l«nj-l°rrforlanil  larjs  to  make  him,  her,  or  them- 
selves  dependent  or  d'efendents,  by  joiiiing  with 
ihc  tenant  or  tenants  to«  whom-  such-  declaration. 
in  ejectment  shall  be  delivered*,  in  case  fee  or  they 
shall  appear:   but  in  case  sutfi  tenant  or  tenants 
On  non  aj»-        shall  refuse  or  neglect  to  appeir,   judgment  shall 
be  signed  against  the  casuei  ejector,  fpr  want  ol 
to  gj9      such  appeaiance,  but  if  the  land-lord  or  land-  lords 
apatnA  the  ca.  of  any   part  of  the  lauds,  tenements  or  heredlu- 
iual«j«-aor.       ments    tor  v\  Inch  such    ejectment  v^as  brought, 
Lajfa  -lord  w«y  shall  desire  to  appear  by  hhiiselfor    themselves, 
by-fcifor  atior.  and  consent  to  enter  into  the  like  rule  that,  by 
ne)    and  enter  thecourse  of  the  court,  the  tenant  in  possession, 
3  roic,  &c.  ju  casc  jie  Qr  sjie  ^j  appeare]s    ought  to-  ha\e 

dona;  then  the  co-urt,  where  such  ejectment 
shall  be  broughtr  shall  and  may  permit  sLeh  land- 
lords so  to  do,  and  older  a  stay  of  execution, 
upon  such  judgment  against  the  casual  e  ector, 
until  they  shall  make  further  order  therein. 

X.  Whereas  great  difficulties,  often  arise  itt 
making  avowries,  orconniuance,  upon  distress, 
forrent:  it  shall  and  may  be  lawful,  for  all  de» 
fendantsin  replevin  to  avow  or  make  connuzancos 
gene*  generally,  that  the  plantilf  in  replevin,  or  other 
tenant  of  the  lands,  and  tenements,  vdieieon. 
such  distress  was  made,  enjoyed  the  same  under 
a  grant  or  dem-ise,  at  such  a  certain,  rent  or  ser- 
vice, during  the  time  wherein  the  rent  or  service 
distrained  For  incurred;  which  rent  or  service 
\vaslhen,  and  still  remains,  due  >  without  further 
setting  forth  the  grant,  tenure,  demise  or  title  of 
such  laud-  lord  or  Ian  W  or  ds^  lessor  or  lessors,- 


*co°n" 


any  law  or  usage  to  the  contrary,  notwithstand- 

ing    and  if  the    plaintiff  or  plaintiffs   in   such  lf  . 

•  r     11   L  •          i-  •  i  •        non-lJJt,  al 

action   snail  become  nonsuit,   discontinue   his,  Cenr-,nu<,  or 
her  or  theiraciion,  or  have   judgment  given  a   lofe 


gainst-hhn,  heror  them,  the  defendant  or  defend-  b* 

ants,  in  such  replevin,  shall  recover  double  costs  dottule  C°a8« 

of  suit. 

XI    And  to   prevent  vexations  replevins,  or 
digresses,   taken  For  rent,  all  sheriffs  and  other 
officers,  having  authority  to  serve  replevins,  may 
and  shall,  in  every  replevin  of  c  distress  for  rent,  sberifF&f* 
take  in  their  own  names,  from  the  plaintiff  and  fcrvingrc- 
one   responsible  person,  as   surety,  a    bond  in  p*«ji»sjo'iake 
double  the  value  of  the  goods  distrained  (such  fJJjJM*|%  fe. 
value  to  be  ascertained  by  the  oath,  or  aftirmati-  c«rirytf  to  proc 
on,  of   one  or  more  credible  person  or  poisons,  »~«cure  w»*k 
not  interested  in  thegoods  or  distress,-  and  which  *ffect; 
oath-  or  affirmation,   the   person   serving  such 
replevin  is  hereby  aulhorzied  and   required  to 
-administer)  and  conditioned  for  prosecuting  the 
suit  with  er'ect  and  without  delay,and  for  duly 
returning  the  goods  and  chattels  distrained    iri 
case  a  return  shall  be  awarded  before  any  deliver- 
ance be  made  of  the  disuess.     And  such  sheriff* 
or    other  officer  as   afoiesaid;  taking  any  sucli 
bonds,  shall,  at  the  request  and  costs  of  the  avow*/ 
ant  or  person  making  connu  ance  assign  such 
bond  to   the  avcv\  ant.  or  person    a.'oiesaid,  by  Sheriff  way 
endorsing    the  same^    and  attestingit  under  his 
hand  and  seal  in  the  presence  of  two  credible 
witnesses.     And  if  the  bond  so  taken  and  assign- 
ed,  be  forfeited  theavo-vvant,  or  person  making 
connuzance,  may  bring  an  acction,  and  recover 
thereupon,  itt  his  own  name  ;  and  the  court  where 
such  action  shall  t>3  brought  may    by    a  rule  of 
the  same  court  give  sucii  relief  to  the  parlies* 


atferentro,    .upon  sucli  bon<3  as  may  be  agreeable    fcct  justice 
may  role  and  reason  :  and  such  rule  shall  have  ihe  nature 
Tr       and  eflect  of  a  de^asancelo  such  bpnd. 

Xll.    Wher-e  any  pei  son  or  persons  have  leased 
.erdemised  any  lands,  or  tenements    loany  person 
orpersons  lor  a  term  of  one  or  more  '}  ears,  or    at 
•will,  paying  certain  rents,  andheor  they,   pr   his 
cr  their,  heirs  or  assigns  » shalli  be  Desirous,  upon 
:  jhe  determination  of  the  Jease  to  have  again,  and 
repossess  his  or  their  estate  £O   demised  and  for 
lngs        * na \  purpose »  shall  demand  and    require    his    or 
jenants ,  jheif  lessee  ®rf^enant-^o  remove  /rom  and  leave 
lhe  same ;'Fif-che  lessee- or Xenant  shall  refuse  to 
-comply-*, therewith,  in    ihi-cc, months  after  such 
.rccjuest^lo'lwni  .jnade,  it  shall  and  may  be.  lawful 
/•lo'and'lor  sjadilessoi  or  lessors,,  his  or  their  heirs 
to  and  assigns,    to  complain    theicof,    to  any    two 
i.         justices  of  the  peace,  in   the   county  wheie    tho 
fach     Jenjis^J  premises  are   situate    :    and    upon  duo 
.proot  made  before  ibe.  said  justices,  that  the  said 
lessor,  or  lessors '-hatl  been  quietly  and  peaceably 
possessed  of  the  lands  or  teneroenis,.so  demanded 
lo  bedelivered  up  :   that  he  or  they  demised    the 
*sanie,  under  certain  rents   to  the  then    tena-nt  in 
po^sc^ion,   or  some    person  or   persons   under 
whom  svch  tenant  claims,  or  came  into  posses*, 
sioti  ;  and  that  the  teim.  for  which  the  sa-wie  wa$ 
,cljeniised,  is/full^ ended  ;  then  andinsucfo  casef 
;Jl  shall  and  may  belawful  for  tliesaid  two  justice 
/cs  lo  wliom  complaint  shall  be  made  as  aforesaid, 
,-aiid    ibcy     .are  hereby  enjoined  and   required* 
lorlhwiln  to  -.issue  their  'warran-U  Directed  to  \hQ 
slieriff  of  the  couuty^  thereby  commandipg  the 
to   sheriff  to  summon  twelve   free  holders  /to  appear 
i)c  h«»d  before      before  the  said  justices    within  four  days  pext 
th<un*  after  issuing  such  warrant  ,-and  also  to  summon 


the  lessee  or  tenant,  or  other  person  ciaiminjy 
or  coming  into  possession.,  under  the  said  lessee, 
or  tenant  at  the  same  time,,  to  appear  befbra 
them,  the  said  justices  and  freeholders,  to-  shew 
cause  i  f  any  he  has,  why  restitution  of  the  pos, 
session  of  the  demised  premises  should  not  be 
forthwith,  m-add  to  suchlessor  or  lessors,  his  or 
their  heirs  or  assigns:  and  if  upon  hearing  the 
parties  (or  incase  ihe  tenant  of  other  person 
claiming  or  coming  into  possession.1  Hinder  the 
said  lessee  or  tenant,  neglect  to  appear  ;  after  be- 
ing summoned  as  afore  aid)  it  frhtllappe'ar  to  the 
said  justices  and  freeholder's,  that  th£  lessor  or 
lessors  had  been  possessed  of  the  lands  or  tene- 
ments in  question  ;  that  he  or  they  had  demised' 
the  same  for  a  tefui  of  years  or  at  will,  to  the 
person  Ln  possession  orsotie  other  undeTwhoiu 
hs  or  shs  claim?- or  caiae  in£o  possession,  at  a 
certain  yearly  or  other  rsi?;  31  r*4tt  the  term  is 
fully  ertdeJ  ;  thitds  nin  1  had  bean  mide.  of"  the  i 
le^es  or otlierper^o.i  in  possession.,  as  afore* 
said  to  tei/e'.ths  premises  thres  m>.iths  bsffore 
sncti  applicati^  i  to  th3  slid  justices  ;  thsu  'and  in 
evei-y  such  cise  itshillan.l  miy  be-,  lawful  for 
the  said  t>v<)  u.s-tica^,  t->  in'i'C'j  a.  re^Ox"J  of 'such 
fin  ling  by  the  ti  thl  sai-l'ju  aice^aa  1  fra^^olJsrs  ; 
artd  tlia  ;nd  freeli  iMsn  shall  a/>53>^  su^li  da;n  i;j-, 
C5,  as  they  think,  right?  ajiin^t  thd  tciint,  or 
other  person  in  p^s-session,  as  atorcs'.iid.  far  the 
utt]\ist  deteiitioa  of  the  demised:  premises*  for 
whirh  Gatnag.es,  aad  -rersonable  costsv  judgment  ^b  tenant 
shall  be  encored,  by  the  s.-ii-I -juotices  and  shall  lui Jingo v<ri 
bo  final  and  coticltisive -to  the  parties,  and  upo:i 
which  thes^id jus* ice? shall,  and  they  are  hereby- 
enjoined  and  required,  to  issue  their*  warrant 
under  their  hands  aod  seals,  directed  to  *  he  she. 


He -pofleffion  of 
the  premifcs 
£ivtn 


\Vben  title  fet 
up  by  Icilee   or 
tenant,  pro- 
crcdiiigs  iherc- 


Claimant  to 
give  bond  to 
profecote  his 
claim  at  the 
next  court  of 
C.  f. 


But  if  the 
claim  be  not  fo 
profecured 
judgement     ro 
be  r-cudcrsd. 


C  218] 

rifF  of  the  county,  commanding  Mm,  forthwith 
lo  deliver  to  the  lessor  or  lessors,  his  or  their  heirs 
or  assigns,  full  possession  of  the  demised  premi- 
ses aforesaid  ;  and  to  levy  the  costs  taxed  ny  the 
justices,  and  damages,  so  by  the  freeholders,  a* 
iorcsaid,  asse-ssed,  of  the  goods  and  chartels  of  the 
lessee  or  tenant,  or  other  person  in  possession* 
as  aforesaid  ;  any  law,  custom  or  usage  to  the 
contrary,  notwithstanding, 

XI 11.  Provided  nevertheless,  That  if  I  he 
tenant  shall  allcclge  lhat  ihe  tilleto  (he  lands  and 
lenamenls,  in  question,  is  disputed, and  claimed 
by  some  other  person  or  poisons  \\hom  he  thali 
name,  iiiviitucof  a  right  or  title,  acciucd  or  hap- 
pening sin(e  the  commencement  of  the  lease,  so 
asafoj£saicl  made  to  him  b\  descent,  deed,  or  honi 
or  under  llielast  vull  o*  li;c  lessor  ;  and  if,  (here- 
upon, the* person,  so  claiming,  jhall,  forthwith, 
or  upon  fl  Himnions,  immediate!)  ro  be  issued, 
by  the  said  justices,  re  uruable  before  them  in  six 
clavs,  next  loUovving,  appear,  and,  on  oalli  or  af- 
firmation, to  be  by  the  said  justices  administered, 
declare,  llial,  he  verily  belie\es,  he  is  in li Lied  to 
I  he 'premises  it)  dispute;  and  shall,  wifh  one  or 
in  ore  sufficient  surities,  become  bound,  by  recog- 
ni/ance  in  the  sum  of  two  hundred  dollars  to  the 
lessor  or  lessors,  his  or  I  heir  heirs  or  assigns,  to 
prosecute  his  claim  at  the  next  court  of  common 
pleas  lobe  held  for  the  county  where  the  said 
lands  and  tenements  shall  be  ;  then  and  in  such 
case,  and  not  oiherwise,  the  said  justices  shall 
forbear  to  give  the  said  judgment. 

XU/~.  Provided 'also i  That  if  the  "said  claim 
shall  not  be  prosecuted/ acco'ding  to  t'helrue  in- 
lent  and  meaning  of  li;e  said  recogn  izance,  it  shall 
be  forfeited  to  thel'u*e  of  the  lessor  or  land  lord, 


C  &9l 

and  the  justices  aforesaid,  shall  proceed  to  gfve 
judgment;  and  cause  the  lands  and  tenements, 
aforesaid,  to  be  delivered  tohim>  in  the  manner 
Jierein  before  enjoined  and  directed, 

XV*  It  shall  and  may  be  lawful  for  any  person 
or  persons,  having  any  rent  in  arrear,  or  due 
upon  lease  for  life,  or  liv/es,  or  for  one  or  more 
years,  or  at  will,  ended  or  determined,  to  distrain 
for  such  .arreas  after  thedeterminalion  of  the  said 
respective  leases,  in  the  same  manner  as  they 
might  have  done,  if  such  lease  or  leases  had  iioE 
been  ended  or  determined:  provided  that  such 
distress  be  made  during  the  continuance  of  such 
lessor's  title  or  interest* 


THE  foregoing  is  hereby  declared  to  be  a  law 
of  the  Territory  ;  to  take  effect  on  and  from  the 
first  day  of  October,  next  ensuing:  INTES~ 
TlMONf  whereof,  we  Arthur  St.  Clair, 
John  Cleves  Symmes  and  George  Turner,  have 
caused  the  seal  of  the  Territory  to  be  thereunto 
affixed,  and  signed  the  same  with  our  names. 

Aft.   Sr.    CLAIK, 
JOHN  C.  SYMMES; 
O. 


OF  THE  UNITED  STATES  7 
NOiiTH  WEST    OKTHt  OHIO.  3 

A    LAW  Limiting  Imprisonment 
for  debt,  and  subjecting  certain 
debtors  andrtclim|ucrrts  to  ser- 
vitucFe.     Adopted    ]ron*    flie 
Pennsylvania  n  code,  and  pit  b~ 
lished    at   Cincinnati,   the  ///- 
t tenth  day  August,  one   thou* 
AR.  Sr.   CLAJ*,     sand,  seven  hundred  and  ninc» 
jofl*c.SY«M»s    .ty-fw;    by  Arthur   St.    Clair, 

^ govcrnour,      and    john    Cleves 

S)  mines  and    (George  Turner, 
judgc*\  in  and  over  the  said 
Territory.. 

jV^O'person  slrallbe  kept  in  prison,  for  debt  or 
TmpHfonment  fines,  longer  than  the  second  day  of  the  ses- 

Utn'aed1-  unkfs  s^ons  next  after  his  or  her  commitment ;    unless 
lcc.  the  plain  tiff  shall  make  it  appear,  ihat  the  person 

imprisoned  hath  some  estate  that  he  will  not  dis- 
close.: then,  and  in  every  such    case,   the   court 
shall  examine  all  persons  suspected  to  be  privy  to 
Concealment  of 'the  concealment  of  such  estate  ;  and  if  no  suffi- 
eftates,  cient. estate  be  found,  the  debtor  shall  make  sa- 

.    t  is  faction;  by  personal  and  reasonable  servitude, 
tnde°of  debtor*  accor<^in&to  the  judgmentof  the  court  where  such 
to  pay  the      '  action  is    tried  (but  only  il  the  plaintiff  require  it) 
pot  exceeding   seven  years-,  where  such  debtor 
is  unmarried,  and  under  the  age  of  forty  years; 
unless  it  be  the  request  of  the  debtor,    who  may 
be  above  that  age  :   but  if  the  debtor  be  manied, 
tinder  wbat      ancj  UTlc]er  the   ags  of  thirty  six,   the    servitude 
shall  be  for  five  years,  only  ;  and  with  which  thi 
married  man,  upwards  of  thirty  six  shall  be  pT 
vileged,  if  it  be  his   reotuest.     Should  the  plr 
titf  refuse   to  accept  such  satisfaction?  accor    • 


221 

to  the  judgment  of  the  court,  as  aforesaid,  ttiea 
the  prisoner  shall  be  dischaged,  in  open  courtf 
and  the  plain  tiff  be  forever  barred  from  any  fur* 
ther  or  other  action  for  the  same  debt. 


foregoing  ishereby  declared  to'be  a 
of  the  Territory  ;  to  take  immediate  effect,  and 
continue  in  force  until  and  to  the  end  of  the  next 
session  of  the  governouj  and  judges,  in  their le- 
gisktive  capacity  :  IN  TkS  riM-OJM  ¥  whereof, 
We  Arthur  6Y.  Clair.  John  Cleves  Symrnes  and 
Georgs  Turner,  have  caused  the  seal  of  the  Ter- 
ritory to  be  thereunto  affixed,  and  signed  die 
same  with  our  names. 

^K    ST,    CLAIR, 
JOHN   C.  SYMMES, 
G~  TURNER. 


APPENDIX. 

F/IIDAT,    Auguft    7,    1795. 

On  Motion  of  Judge  Tutner, 

RESOLVED, 

the  minutes  of  the  Legislature,  together  with  tfce 
exhibited  accounts  of  the  Public  Treafurers,  may  be 
published,  from  time  to, time,  by  any  Printer  willing  to 
print  and  pablifh  the  fame,  for.  bis  own  emolument^ 
but  at  bit- own  private  expenie. 

THURSDAY,     Aaguft  13. 
RESOLVED, 

That  public  convenience  requires,  that  the  Govercoar 
fhould  caafe  Public  Ferries  to  be  ettabliflied.  And  whereas 
no  la  vvs  concerning  Ferries  can  be  found  for  adoption,  but 
foch  as  are  of  *  local,  not  general  nature  t  Ana  it  bfii-g 
effenlial  that  Ferries  fhould  immediately  be  eftablifbed 
thro  aghout  the  Territory,  and  a.  mode  directed  for  fixing 
the  rates  of  Ferriage. 

RESOLVED  therefore, 

Thar  the  Gevernour  be  requefted  to  declare  by  proclaraa* 
tioo,  or  otherwife,  from   time  to  time,   what  Ferriet  fhalL 
be  ereded   by    whom  to   be  kept,  and    where. 
RiibOLVEDalfo, 

That  the  federal  i  oart§  of  Quarter  SefGons  be  empower* 
ed,  and  they  are  hereby  authorized  and  empowered  to  fix, 
from  time  to  time,  the  rates  ro  be  demanded  atthe  Ftr* 
ries  now  or  herraifer  to  be  eftablifhed  in  their  refpeclivc 
coanties,  having  regard  to  the  diftance  which  the  Kerry- 
boats  have  to  travel,  and  the  danger  or  di&uihies  iaci*. 
dent  to  the  fame. 

TUESDAY,   Aogufl  18* 
RESOLVED, 

That  w'icre  perfons  fafficiently  learned'in  the  law  can  be 
foonJ  to  fill  the  benches  of  the  courts  of  Common  Pleas,  it 
wojjd  be  the  fafer  way  to  coainiifiion  them  during  good  be* 
baviour. 

RESOLVED, 

That  con  nilH 703  iflj-d  by  the  Governour,   and    creating 
no  cxrsis  coaJicloa  or  lijiiutio.!  as   to  the  duration    oft 


ffee  office,  are  in  lli*  dature  of  a  grin*/  and  muft    be  taken 
iuoP.  favourable  for  the   grantor, 

RESOLVED  therefore, 

That  ail  fucb  cominifiijns  may,  by  expreft  revocation,  be 
avoided  or  revoked, 

THURSDAY,  Auguft  20. 
On  Motion  of  the  Covet  nour. 

'Whereas  it  •hat'been'  reprefented  to  the  Legiflatnre, 
that  from  a  change  in  she  prrpuUcio'i  of  the  county  of  i»t. 
Clair,  the/diitri-.'l  of  Prairie  da  Hocher,  \9  become  incdn- 
and  that  the  couits  therein  cannot  be  kept  up. 


That  the  Govenmorcfray,  if  he-fliall  find  the  cadf  to  be 
as  has  l»?eu  re^relcn-el  didoU-e,  by  proclamation,  fire 
faJd  dtftricT:  of  Prairie  du  Rocher.  and  fupprefs  the  fevemi 
Courts  directed  to  be  held  tliereiii  and  divide  the  i'aid  dit- 
trict  in*  the  mod  convenient  manner  for  the  inhabitants  : 
adding  -one  part  to,  and  incorporating  the  fame  with  the 
of  Kahokia,  and  the  other  part  trith  the  dillrict  of* 


Tn  Page  r66,  in  the  foot  of  the  Law,  for  the  Speedy 
fignment  o*  I3cJw«r,for  u  Sixth  day  of  June,*'  read,  firfc 
day  of 


TABLE    of  the  LAWS, 


J.  A  LAW  fubjecYmg  ReaT  Kftate  to  Execution  far  Debt, 
2         —       allowing  Domett  ic  Attatchments.  22 

.3        __       regulating  Domettic  Attachments  55 

4  __       lor  the  eaij  and  f'peedy   recovery  of  fmall 

Debts.  30 

5  —        concerning  Defalcation.  39 

6  —      for  the  trial  and  punifliment  of  Larceny 

under   a  collar  and  a  half.  41 

7  —        to  prevent  unneceflarj  delays  in  trial, 

atttr  jffuc  jointd  4$ 

8  —       edabli/hing  Courts  of  Ju3icaturc«  44 

9  —       for  the  'Limitation  of  nations.  5.4 
IO        —        for  the  relief  ot  perfons  confclentioufly 

fcrupulous  to  teke  an  Oath  in  the 
common  form.  57 

IX  <-       for  the  recover)  of  fines  and  forfeitures  ; 

and  directing  how  the  fame  are  to  be 


12  •—      TegClating  an^  afcertaiDii  g  the  FeesoftKc 

i'ev^ral  officers  and  perfous  therein 

named.  6; 

13  —  .       for  elta-blifliiag   Orphan  fcr<"ourt§.  8t 

14  —       for  the  ieuUmeut  of  inte(la.tes*  t^latef.  ye> 

15  —  ^      to  licenfe  and   regulate  Taverns.  ^6 
j6        —       eUubldhing  thq  K«6order"s  o'ffices.  101 
17       —       for  raiting  County  Kales  and  LevieVt  10^ 
J8         —       for  the  (relief  of  the  Poor.  127 

19  —      concerning  the  Hrobale  of  Wills  written  or 

nuncupative.  148 

20  —      regnlaiiiig  linclofures.  1^3 
21      —      as  ^:o  the  order  of  paying   debts  of  jperfons 

deceafed.  157 

32  -  concerning  I'refpaffing  Animals.  157 
23  —  directing  how  hinfbaad  and  \\ife  may 

convey  their  ^ftate8.  162 

f24  —  for  the  fpeedy  alignment  df  Dower.  164 

25  —      giving  Remedies  in  £quiry,  in  certain  cafes  r66 

26  «.       againit  forcible  J.-ntry  and  Detainer  168 
57       —       annulling  the  Diftinftion  between  1'etic 

Irealbn  and  Murder.  174 

38  —       oeclarin^  what  Laws  (hall  be  in  force.  175 

39  —       to  prevent  ircfpaflin^g,  by  tuning  of  Timber.  176 


C  22;  ] 

$0  AN  ACT,  repealing  certtin  Laws  and   A£s,  and  ' 

parts  of  Laws  and    Acts,  j^g 

31  A  LAW  refperting  Divorce,  ,g2 

32  —  for  the  p-ai  thion  of  Lano*«.  185- 

33  —  allowing  Foreign  Attachments,  197 

34  —  concerning  the  Du-y  and  Power  of  Coroners.  200 
gj  -.  for  continuing  ->uiis  in  the  General  and 

Circuit  Courts.  20  j 

^6  —  to  fupprefs  Gamfng.  206 

^7  —  as  to  proceedings  in  Ejeclment,  Diftrefs  for 

rent,  and  Tenants  at  will  holding  over.  209 
38  :  —  limiting  imprifonraent  for  Debt,  and  fubjeft 

j«g  certain  Debtors  and  Delinquents  to 

ferviiude.  22O 


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